Competition Law News


Executive Reminder: Do Not Forget Your HSR Reporting Requirements

The Hart-Scott-Rodino Act requires companies and individuals to report large transactions so the government has time (30 days, or more these days) to investigate any…

Global Antitrust: South Korea Fines Dolby for Abusing Essential Patent Holder Status

The South Korean Fair Trade Commission has fined Dolby Laboratories for forcing set-top box maker Kaon Media to agree to pay what Dolby claimed were…

Global Antitrust: German Court Explains Why Booking.com’s “Narrow Price Parity Clauses” Was Illegal

Germany’s Federal Court of Justice has explained its determination that the so-called “narrow price parity clauses” used by Booking.com until February 2016 violated competition law.…

Global Antitrust: Germany’s Condor Airline Says Lufthansa Wants to Eliminate Transatlantic Competition

German-based leisure airline company, Condor Flugdienst, says competitor Eurowings Discover, Deutsche Lufthansa’s leisure unit, seeks to use “code sharing” agreements with its sister companies as…

Global Antitrust: China Promises (and Demonstrates) Crackdown on Anticompetitive Behavior in Tech Sector

China’s State Administration for Market Regulation continues its antitrust campaign against the tech industry. CNN reported on Aug. 17 that the agency’s proposed new rules…

Global Antitrust: EC Flags Illumina for Proceeding With Purchase of Cancer Test Company Despite Investigation

The European Commission is investigating whether Illumina’s decision to complete its acquisition of cancer test manufacturer Grail — despite the Commission’s ongoing investigation into any anticompetitive effects of the deal — breaches the “standstill obligation” under Article 7…

MoginRubin LLP Has Secured Class Certification on Behalf of Independent ATM Operators, Non-Bank Affiliated ATM Operators, and the National ATM Council

“Today’s ruling marks a significant step toward loosening the grip of Visa and Mastercard on the market for ATM network services and promises to benefit…

GOP v. MLB: Republicans Cry Foul Over All-Star Game Move

Republican Senators Ted Cruz and Mike Lee want to end Major League Baseball’s antitrust immunity following the league’s decision to relocate the All-Star Game and…

FTC Sues to Block Illumina/Grail Deal

The Federal Trade Commission has filed an administrative complaint and authorized a federal court lawsuit to block Illumina’s $7.1 billion proposed acquisition of Grail —…

Hospital Merger Activity and Challenges: Two Conclude, One Merger Abandoned

Deal activity in the trillion-dollar U.S. patient-care industry has been hardy, despite projections that the pandemic might have slowed things down. That means the federal…

Foreign-Language Trainers Admit to Defrauding NSA

Two providers of foreign-language training services, Comprehensive Language Center Inc. (CLCI) and Berlitz Languages Inc., admitted that they took part in a conspiracy to defraud…

Antitrust Reform Effort Gets Some Shade

Editor’s Note: This is a follow-up to our blog post, Will the Antitrust Laws Get an Update? The U.S. Chamber of Commerce says the effort…

“Big Poultry” Producer Pleads Guilty to Price Fixing

Pilgrim’s Pride Corp. of Colorado has pleaded guilty and will pay $107 million in criminal fines for its role in a conspiracy to fix prices…

DOJ Joins Group in Effort to Better Police Emerging Tech

The Department of Justice is joining the Computational Antitrust project, hosted by the Stanford University CodeX Center and created by Professor Thibault Schrepel. “The project…

U.S. Antitrust Law Not Working for Book or Tech Market?

“American antitrust is basically a failure.” That’s a quote from a law professor in a recent New York Times article written by Shira Ovide titled…

Will Facebook Sue Apple?

Facebook reportedly planning to sue Apple for alleged antitrust violations.  According to sources speaking to TheInformation.com, Facebook believes Apple abused its power in the smartphone…

China Reportedly Cracking Down on Web-Based Antitrust

The South China Morning Post has reported that 2021 will be the year of antitrust regulations for the State Administration for Market Regulation. The paper…

Pilgrim’s Pride Settles Poultry Price-Fixing Charges

Pilgrim’s Pride Corp. has agreed to pay $75 million to chicken buyers to settle price-fixing claims, according to the Securities and Exchange Commission. The company,…

U.K. Investigates Market Impact of Change in Google Ad Targeting Tools

Google plans to end support for third-party cookies in the Chrome browser and its Chromium engine, a decision that has prompted an investigation by the…

MoginRubin Partner Jennifer Oliver Co-Authors Paper on Cannabis Industry and Competition Law

Included in this month’s inaugural issue of the Journal on Emerging Issues in Litigation, published by Fastcase Full Court Press, is an article co-authored by…

Partners Jonathan Rubin and Jennifer Oliver Published in Bloomberg Law: FTC and State AGs v. Facebook: Monopolization Law Faces Biggest Challenge in Decades

FTC and State AGs v. Facebook: Monopolization Law Faces Biggest Challenge in Decades By Jonathan Rubin and Jennifer M. Oliver Jan. 13, 2021 “The FTC…

Congress Agrees to End Antitrust Exemption for Health Insurers

Bill Awaits President’s Signature Healthcare insurance companies, like other insurers, have enjoyed an exemption from U.S. antitrust laws since March 1945 when President Roosevelt signed…

With Anticompetitive Concerns Addressed, Intuit / Credit Karma Deal Moves Forward

Intuit Inc., owner of the popular TurboTax DIY tax preparation service, has moved forward with its $8.1 billion acquisition of Credit Karma, Inc., after satisfying…

New Law Designed to Protect Antitrust Whistleblowers

Signed into law by President Trump on Dec. 23, 2020, the Criminal Antitrust Anti-Retaliation Act bars employers from retaliating against individuals who report criminal antitrust…

European Commission Examining Aon’s Acquisition of Willis Towers Watson

The European Commission announced Dec. 21 that it is investigating Aon’s proposed acquisition of Willis Towers Watson, a deal that would combine two leading providers…

Thirty-Eight AGs Bring a Third Antitrust Case Against Google

Google Illegally Maintained Monopolies, Created Insurmountable Barriers to Entry for Competitors, Suit Says A bipartisan coalition of 38 attorneys general have sued Google LLC for…

MoginRubin’s Competition Law Attorneys Featured on Webinar: “The Antitrust Case Against Google”

Competition law and class action specialists from MoginRubin LLP joined a law professor who served as a trial attorney in the Antitrust Division and an…

Partner Jennifer Oliver Featured on Podcast re Cannabis Industry Competition Law

MoginRubin LLP Partner Jennifer Oliver is featured on the new HB Emerging Issues in Litigation Podcast along with Ausra Deluard of Dentons LLP. The podcast…

DOJ: Visa / Plaid Deal Would be Bad for Online Debit Market and Consumers

Government Sues to Block Deal Intended to Erase Disruptor Referring to Visa Inc. as a monopolist in the online debit services industry, the Department of…

Healthcare: Anticompetitive Tying Class Action Moves Forward Against Sutter Health

Indirect purchasers of health insurance will proceed as a class against Sutter Health for alleged anticompetitive conduct which plaintiffs maintain illegally tied health plans to…

Pharma: Consumer Groups, States Support Reviving Generic Drugs Antitrust Case Against AbbVie

Pro-consumer organizations — Consumer Action and U.S. Public Interest Research Group — and 20 states have filed amici curiae briefs with the Seventh Circuit U.S.…

Pistacchio vs. Apple: iPhone Gamers Claim Anticompetitive Behavior in Subscription Game Market

Apple iPhone gamer John Pistacchio filed a proposed class action against Apple, Inc. on behalf of purchasers of “Apple Arcade,” a subscription mobile gaming service…

TikTok Gets Reprieve from Trump Ban, Nears Deal with Oracle, Walmart

Now that TikTok has more time to keep its U.S. operation alive – thanks to a federal court order enjoining the Trump administration’s effort to…

MoginRubin Remains Among Most Influential U.S. Antitrust Law Firms

MoginRubin LLP remains one of the leading law firms for antitrust matters in the US. Since inception, the firm has litigated several cases successfully resulting…

DOJ Requires Divestiture of Hawaiian Brewer Before Anheuser Can Buy Craft Brew

The Justice Department Antitrust Division will approve a major acquisition in the beer industry, but only if one of the merging company’s divests its holdings…

House Bill Would Allow College Athletes to Capitalize on Their Fame

A group of U.S. House Democrats and Republicans have introduced the “Student Athlete Level Playing Field Act” which would add momentum to the current movement…

French and American Luxury Brands Litigate Delayed Merger

Dispute in Delaware, Tussle in Brussels LVMH Moët Hennessy Louis Vuitton of France used business challenges presented by the novel coronavirus to avoid a multi-billion-dollar…

Apple Fires Back at Epic Games in Fortnite Fight

Responding to Epic Games’ bold suit against Apple (and separately against Google) — alleging anticompetitive operation of the Apple Store — the computer and mobile…

Claim That LinkedIn Has a ‘People Analytics’ Monopoly Fails

hiQ Labs Inc., a new employment tech firm, sued professional network giant LinkedIn for abuse of its market power. Specifically, the startup-alleged LinkedIn blocked its…

Casino Sues Scientific Games, Bally’s for Antitrust Law Violations, Charge 100% Card-Shuffler Monopoly

The Tonkawa Tribe of Indians of Oklahoma, a casino operator, alleges in a proposed class action that Scientific Games Corp., Bally Technologies, Inc., and Bally…

New Study in Harvard Business Law Review Confirms Antitrust Dangers of Horizontal Shareholding

A new study illustrates the anticompetitive effects of horizontal shareholding in concentrated markets according to a Harvard Business Law Review article by Einer Elhauge, Professor…

Antitrust Subcommittee and Big Tech CEOs: Creatures From Very Different Planets

  A Tale of Two Hearings: Breaking Down the July 2020 Hearing on Tech Marketplace They appeared at the hearing, appropriately enough, digitally. This allowed…

FTC Approves Elanco’s $7.6B Acquisition of Bayer Animal Healthcare, Sets Divestiture Conditions

Pending approval, two of the world’s largest animal healthcare manufacturers will consummate a multibillion dollar acquisition in August 2020, subject to FTC and other, international…

California AG Opposes Healthcare System’s Pandemic-Prompted Proposal to Delay Settlement

In response to Sutter Health’s motion for a continuance, California Attorney General Xavier Becerra requested that a San Francisco state court move forward with a…

U.S. House of Representatives Extends Antitrust Penalty Leniency Program for Cooperating Defendants

On June 25, 2020, the House passed a bill to permanently extend a recently expired provision within the Antitrust Criminal Penalty Enhancement and Reform Act…

Californians Will Vote on Whether to Expand the State’s Consumer Privacy Act

In November, California residents will vote on a proposal to augment the California’s Consumer Privacy Act (CCPA), which took effect in January 2020. The Secretary…

Apple, Inc. Probed by European Commission for Possible Antitrust Violations

In late June, the European Commission (EC) opened several formal cases investigating Apple’s mobile payment technology (Apple Pay) and various third-party and user agreements to…

DOJ Secures Admission of Guilt, Agrees to Deferred Prosecution Agreement for Generic Drug Manufacturer Accused of Price Fixing

The Justice Department has announced a deferred prosecution agreement (DPA) and a $24.1 million criminal penalty against Apotex, Inc., a Florida-based generic pharmaceutical manufacturer. Apotex…

FTC Approves Final Order Settling Charges that Danaher Corporation’s Acquisition of GE Biopharma Was Anticompetitive

FTC Approves Final Order Settling Charges that Danaher Corporation’s Acquisition of GE Biopharma Was Anticompetitive May 29, 2020 Following a public comment period, the Federal…

Submission of Bill Baer Before the U.S. House Committee on the Judiciary Subcommittee on Antitrust, Commercial, and Administrative Law

On May 19, 2020, Bill Baer, one of the most respected antitrust enforcers in the world, issued a submission to the United States House Committee…

FTC Sues to Unwind Altria’s $12.8 Billion Investment in Competitor JUUL

FEDERAL TRADE COMMISSION PRESS RELEASE APRIL 1, 2020 Today, the Federal Trade Commission filed an administrative complaint (a public version of which will be available…

FTC and DOJ Announce Expedited Antitrust Procedure and Guidance for Coronavirus Public Health Efforts

FTC.gov Press Release – March 24, 2020 The Federal Trade Commission and the U.S. Department of Justice Antitrust Division today issued joint statement detailing an…

Working from home?  Fulfill your CLE requirements while learning about Mandatory Arbitration and Class Actions. This webinar is available on demand.

Working from home?  Fulfill your CLE requirements while learning about Mandatory Arbitration and Class Actions. This webinar is available on demand. REGISTER NOW Join MoginRubin’s…

MoginRubin’s Jonathan Rubin and Tim LaComb Published an Article in the Daily Journal Regarding the T-Mobile/Sprint Merger

February 26, 2020 – MoginRubin partner Jonathan Rubin and attorney Tim LaComb co-authored an article published in the Daily Journal last week, “Court substituted gut…

Attorney Tim LaComb Quoted in Investment News

Attorney Tim LaComb was quoted in Investment News this week in an article, “When it comes to RIA custody, how big is too big?”. The…

Attorney Tim LaComb Quoted in The Denver Post Regarding Altitude v. Comcast

MoginRubin attorney Tim LaComb was quoted recently in a Denver Post article, “Altitude/Comcast dispute: Worst-case scenario extends blackout well into the future.”The article discusses the…

Partner Daniel Mogin Published in Bloomberg Law Regarding the FTC’s Inquiry Into Cross Ownership of Competitors’ Stocks

Published in Bloomberg Law – February 27, 2020 INSIGHT: FTC’s Inquiry Into Common Ownership Benefits Markets, Consumers By: Daniel Mogin The FTC appears to be…

Attorney Timothy LaComb Quoted in Financial Planning

Attorney Timothy LaComb was quoted in a recent Financial Planning article, “Schwab Wants TD But DOJ Has Questions — And Not Just for Schwab.” The…

Partner Jon Rubin quoted in Reuters regarding Qualcomm’s appeal for the reverse of a 2019 ruling

MoginRubin partner Jon Rubin was quoted in the recent Reuters article, “Qualcomm to Ask Appeals Court for Vindication in FTC Antitrust Case.” The article revisits the…

Attorney Tim LaComb quoted in Law360 on the Planned Merger Between T-Mobile and Sprint

MoginRubin attorney Tim LaComb was quoted in the recent Law360 article, “T-Mobile/Sprint Case Shows Problem With Dueling Economics.” The article explores the challenges associated with…

Major Antitrust Developments to Watch in 2020

Partner Jennifer Oliver was quoted in Law360’s article, Major Antitrust Developments to Watch in 2020. The article reviews some of the key antitrust cases on…

The Most Closely Watched Merger Reviews Of 2020

Partners Dan Mogin and Jonathan Rubin were quoted in a recent Law360 article, The Most Closely Watched Merger Reviews of 2020. The article examines four…

What To Watch As T-Mobile-Sprint Merger Fight Goes To Trial

Partner Jennifer Oliver was quoted in a recent Law360 article, What To Watch As T-Mobile-Sprint Merger Fight Goes To Trial. The article discusses the megamerger…

Multiple Lawsuits Allege Price-fixing by Big Beef Companies

Partner Dan Mogin was quoted in Fern’s AG Insider discussing recent price-fixing allegations against big beef companies. As co-counsel on the Pacific Agri-Products lawsuit, Dan…

Good Read: ‘The Great Antitrust Awakening Can’t Be Stopped’

Do the big tech companies — and those of us who enjoy their myriad innovations — owe a big “thank you” to the federal government…

ATM Operators Seek Cert. In Visa, Mastercard Antitrust Suit

MoginRubin partner Jonathan Rubin was recently quoted in Law360 as saying, “The ATM restraints imposed by Visa and Mastercard amount to price-fixing and are unambiguously…

2018 Hart-Scott-Rodino Annual Report Just Released

On September 16, 2019, the Federal Trade Commission and Antitrust Division of the U.S. Department of Justice released the 2018 Hart-Scott-Rodino Annual Report, which summarizes…

NYT: Chicago School Professor Fights ‘Chicago School’ Beliefs That Abet Big Tech

From The New York Times:   Chicago School Professor Fights ‘Chicago School’ Beliefs That Abet Big Tech   Luigi Zingales, a finance professor at the…

MoginRubin Among Most Influential U.S. Antitrust Law Firms

WASHINGTON (PRWEB) JUNE 03, 2019 National law firm MoginRubin LLP (“MoginRubin”), lead counsel in two of the largest antitrust cases that settled over the past…

Google and the Trans-Atlantic Antitrust Abyss

Christian Bergqvist University of Copenhagen – Faculty of Law Jonathan Rubin MoginRubin LLP Date Written: March 18, 2019 Abstract During the late 2000s, several jurisdictions,…

The Washington Post: Facebook, Google and other big tech giants are about to face a ‘reckoning,’ state attorneys general warn

From The Washington Post: Facebook, Google and other big tech giants are about to face a ‘reckoning,’ state attorneys general warn “I think what we’ve…

The New York Times: A Better Way to Break Up Big Tech

From The New York Times: A Better Way to Break Up Big Tech Senator Elizabeth Warren has been making waves with her recent proposal to…

New York Times: Spotify Accuses Apple of Anticompetitive Practices in Europe

From The New York Times: Spotify Accuses Apple of Anticompetitive Practices in Europe Is Apple abusing its power to monopolize the market? Spotify sure thinks…

Waging the Merits War at Class Certification: Does Expert Evidence Streamline the Process?

Jodie Williams, a Partner at MoginRubin LLP co-authored an article with Michelle Lowery, a Partner at McDermott Will & Emery, for The Antitrust Source regarding…

Public Knowledge: To Make the Tech Sector Competitive, Antitrust Is Only Half the Answer

Who’s regulating competition in the tech world? Read Gene Kimmelman’s blog on publicknowledge.org to find out.  

New York Times: The Monopolization of America

From The New York Times: The Monopolization of America In one industry after another, big companies have become more dominant over the past 15 years,…

New York Times: Be Afraid of Economic ‘Bigness.’ Be Very Afraid.

From The New York Times: Be Afraid of Economic ‘Bigness.’ Be Very Afraid. “In the 1930s it contributed to the rise of fascism. Alarmingly, we…

The Ninth Circuit Dismisses Section 7 Challenge to Big Beer while the Tunney Process Brews in D.C. District Court

Consumers can choose to look at the stein half empty after a recent dismissal of a private Section 7 challenge to Anheuser-Busch InBev, SA/NV’s (“ABI”)…

Tribune Media/Sinclair Broadcast Group Merger Bust

After over a year of negotiations for approval, on August 9, 2018, Tribune Media Company terminated its merger with Sinclair Broadcast Group, Inc.  The mega-deal…

The Ninth Circuit Lets Caddies Take a Mulligan on Antitrust and Unfair Competition Claims in Golf Caddy Case

For most viewers watching the PGA Tour, the clothing on golfers and their caddies is unlikely to make an impact.  Yet the advertising value—if not…

Jonathan Rubin and Christian Bergqvist Conduct a Comparative Study on Approaches Antitrust Authorities Take in the EU and US

Jonathan Rubin and Christian Berqvist published their comments in Global Competition Review regarding the upcoming decision by the European Commission regarding the DG-Competition investigation into…

Jodie Williams Comments on the AT&T-Time Warner Merger in Forbes’ Latest Article

Forbes dives into law firm reactions to the AT&T-Time Warner merger to find out where the trends are headed. It seems that no one believes…

Payment Logistics Urges Court to Stop Lighthouse/Shift4 Merger

Payment Logistics Ltd. (PLL), represented by MoginRubin LLP, asked the court on Friday, June 29, to prevent Lighthouse from merging with Shift4 Corp., alleging that…

Jodie Williams Published in Trial Practice : Trying Antitrust – Summer 2018 Edition

In the most recent edition of Trial Practice: Trying Antitrust, an ABA-published periodical, MoginRubin’s Jodie Williams discusses the recent Steves & Sons, Inc. v. Jeld-Wen, Inc.…

New York Times: What the Microsoft Antitrust Case Taught Us

Two decades later, we shouldn’t forget the dangers of dominant technology companies.   Read the New York Times article about what the Microsoft case taught…

Dan Mogin, Managing Partner, receives the Sylvia Siegel Award at the 45th Annual TURN Gala in San Francisco, CA

Sylvia Siegel brought a customer’s perspective to the regulation of California utilities and spent 16 years fighting against rates and rules that she maintained were…

Payment Logistics Files Antitrust Lawsuit against Shift4 Payments, Shift4 Corp. and Lighthouse Network

Payment Logistics Files Antitrust Lawsuit against Shift4 Payments, Shift4 Corp. and Lighthouse Network Company alleges anticompetitive behavior, monopolization and attempted monopolization that blocks competition and…

Bloomberg Law Covers MoginRubin LLP’s Filing Against the PetIQ Merger

Bloomberg on Rubin PetIQ Filing   Pet Medication Wholesalers Sue to Unwind Rival PetIQ Merger Published: Apr 05 2018 18:46:17 * Two pet medicine wholesalers…

PetIQ’s Deal to Buy Veterinary Clinic Chain Will Choke Off Competition

MoginRubin LLP, representing Plaintiffs Bay Medical Solutions Inc. and Med Vets Inc., have filed a case in the Northern District of California to stop a…

FTC Reaffirms Guidelines for Exchange of Sensitive Information

On March 20, 2018, the Federal Trade Commission reaffirmed its guidelines for the exchange of sensitive competitive information — like price projections, customer lists or future product…

Supreme Court decision yields good news for Antitrust cases

Yesterday, the Supreme Court confirmed that a final decision in one case, if being tried with other consolidated cases, is an immediately appealable order.  This…

U.S. Government blocks Broadcomm bid for Qualcomm

Our Team has been closely monitoring the merger developments in our own backyard between Qualcomm and Broadcom.  Earlier this week, President Trump used his executive…

Jennifer Oliver Published in Business Insurance

Business Insurance published an article this week written by MoginRubin LLP’s own Jennifer Oliver, regarding what happens when complications with M&A deals arise. Click here…

ABA Women in Deal Work – Have You Registered Yet? It’s Free!

The American Bar Association will be hosting an event on February 8th in San Francisco, called Women in Deal Work. MoginRubin LLP is proud to…

Jonathan Rubin discusses Aetna-CVS merger with Peter Coy from Bloomberg Businessweek

Jonathan Rubin from MoginRubin LLP met with Bloomberg Businessweek‘s Peter Coy to discuss the Aetna-CVS merger. See what he had to say by reading the…

Jonathan Rubin from MoginRubin LLP Featured in the New York Post

MoginRubin LLP’s very own Jonathan Rubin was featured in the New York Post this week, regarding his thoughts on Judge Richard Leon and his involvement…

Jonathan Rubin to Wall Street Journal on Outspoken U.S. District Judge J. Leon: “He has a very firm grasp of competition law and the economics that drives it.”

Jonathan Rubin from MoginRubin LLP met with Jacob Gershman from the Wall Street Journal this week to discuss U.S. District Judge Richard J. Leon’s appointment…

Jonathan Rubin from MoginRubin LLP Discusses Proposed AT&T & Time Warner Merger

Comments of Jonathan Rubin, with the Washington, D.C. office of antitrust law firm MoginRubin LLP, on the DOJ’s just-filed challenge to the proposed AT&T-Time Warner…

The Hill: Trump looms large in AT&T antitrust battle

Jonathan Rubin, an antitrust attorney with MoginRubin LLP, discussed President Trump’s possible involvement in the proposed merger between AT&T and Time Warner with The Hill…

Department of Justice Preparing for Litigation Against AT&T, Time Warner

The Department of Justice is preparing to litigate the proposed acquisition of Time Warner Inc. by AT&T Inc. if the parties are unable to reach…