Antitrust, Unfair Competition & Class Actions


Elimination of Digital DIY Tax Prep Disrupter Should Concern Antitrust Law Enforcers

By Timothy Z. LaComb The Antitrust Division of the U.S. Department of Justice is taking a close look at the announced $7.1 billion acquisition of…

California High Court: Interference With ‘At Will’ Contract Requires ‘Separate Wrong’ to be Actionable

The sky is not falling. Opinion limited to ‘at will’ contracts. By Dan Mogin and Jennifer M. Oliver   When a third party craters a…

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…

Four of the Five Biggest Tech CEOs Headed to Capitol Hill for Antitrust Hearings

Subcommittee: Are antitrust laws and enforcement adequate these days?   By Jennifer M. Oliver The CEOs of Amazon, Apple, Facebook, and Google are scheduled to…

DOJ Antitrust Chief Refutes Whistleblower’s Testimony Accusing AG Barr of Bias

  Allegations that enforcers are enlisting antitrust agencies to satisfy personal grudges. That’s new. By Jennifer M. Oliver One of U.S. Attorney General Bill Barr’s…

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…

Healthcare Industry Antitrust Measures Advance as Pandemic Pressures Persist

Did consolidation help frustrate U.S. COVID-19 preparedness? By Jennifer M. Oliver California Attorney General Xavier Becerra says the COVID-19 virus has “shone a light” on…

Class of End-Payors Certified in Illegal Monopolization Suit Against Drug Maker Allergan

An outrageous end-run impacting price of dry-eye treatment. By Jennifer M. Oliver On May 5, 2020, U.S. Judge Nina Gershon of New York granted certification…

Partner Dan Mogin Named “2020 Top Antitrust Lawyer” by the Daily Journal

MoginRubin LLP is proud to announce that Managing Partner Daniel Mogin was selected as a 2020 “Top Antitrust Lawyer” by the Daily Journal. This is…

MoginRubin Partner Jennifer Oliver Quoted in Bloomberg Law

MoginRubin Partner Jennifer Oliver was quoted in Bloomberg Law last week in an article titled, “Companies That Disclose Antitrust Crimes Set to Lose Perks,” regarding…

MoginRubin Ranked by Legal 500

MoginRubin has been ranked by The Legal 500 United States 2020 in the category of Antitrust and Civil Litigation/Class Action: Plaintiff.  Along with the prestigious…

Ninth Circuit Opens Door for Students to Receive Additional Benefits for Playing Sports, Finds NCAA Rules Violation of Antitrust Laws

Is amateur status really what fills the seats? By Timothy Z. LaComb The National Collegiate Athletic Association’s rules limiting education-related benefits for student-athletes are impermissible…

Online Design Marketplace Minted Sued Under New California Consumer Privacy Law

Online Design Marketplace Minted Sued Under New California Consumer Privacy Law MoginRubin Files Class Action Alleging Damages to Millions of Consumers in Wake of Recent…

Seventh Circuit Breathes New Life into Refusal-to-Deal Claims

Viamedia Case Against Comcast Moves Ahead By Jonathan Rubin and Timothy Z. LaComb On Feb. 24, 2020, the Seventh Circuit U.S. Court of Appeals revived…

Bloomberg Law: Minted Sued Over Data Breach Under California Law

MoginRubin LLP has filed a CCPA violation case against Minted Inc., after they failed to inform their customers of a security breach which affected 73.2…

MoginRubin Partner Jonathan Rubin Featured in Law 360

MoginRubin Partner Jonathan Rubin was featured in a Law 360 article after his compelling oral argument earlier this week in the case of Med Vets…

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…

Dining Delivery Disruptors Disrupted: DOJ, FTC Should Examine Uber’s Planned Purchase of Grubhub, Senators Say

By Jennifer M. Oliver Driven by competitive pressure and pandemic-related losses, Uber Technologies Inc. has expressed its intention to acquire competitor Grubhub Inc. to improve…

End of an Era: The U.S. is No Longer the Authority Figure for Multinational Mergers

Recent ‘Go / No-Go’ Calls Made by U.K., E.U. By Jonathan Rubin and Timothy Z. LaComb   [Editor’s Note: An earlier version of this post…

Partner Jennifer Oliver Published in Law360 Regarding the Power of Big Tech

Published on Law360.com – May 1, 2020 Examining Startup Investors’ Thoughts On Big Tech’s Power By: Jennifer Oliver On Feb. 12, the U.S. Department of…

Ticketmaster, Live Nation Get Booed: Concert-Goers File Class Action for “Unchecked” Abuse of Market Power

Live Nation Threatens Anyone Who Doesn’t Play Along, Plaintiffs Allege By Jennifer Oliver Concert-goers tired of paying “supracompetitive fees” on ticket purchases from Ticketmaster LLC…

Is a Moratorium on Mergers During the Pandemic a Bridge Too Far?

Some fear cash-rich corporations and private equity firms will exploit the downturn to devour competitors. By Timothy Z. LaComb In an interview with Politico’s Leah…

FTC Press Release: VieVu Former Parent Settles Body Cam Antitrust Case

Press Release MEDIA CONTACT: Betsy Lordan Federal Trade Commission Office of Public Affairs 202-326-3707 VieVu’s Former Parent Company Safariland Agrees to Settle Charges That It…

Private Antitrust Action Follows FTC Complaint Against Altria and Juul Over E-Cigarette Deal

Antitrust headwinds don’t let up. By Timothy Z. LaComb Living by the adage “if you can’t beat them, join them,” tobacco giant Altria Group, Inc.…

MoginRubin’s “Intersection of Privacy & Antitrust Webinar” Now Available via West LegalEdcenter

What attorneys and companies need to know about the increasing interplay between these critical areas of the law. Highly publicized cases and investigations in the…

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…

Is a Pandemic a Material Adverse Event in M&A?

Question already casting clouds over corporate deals. By Dan Mogin and Jennifer M. Oliver Reuters has reported that Gray Television Inc. has withdrawn its $8.5…

U.K. Begins Phase II Probe of Cengage/McGraw-Hill Merger

Opposition mounts, putting deal at risk. By Timothy Z. LaComb On March 10, 2020, the U.K.’s Competition and Markets Authority gave Cengage and McGraw-Hill an…

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…

UK Threatens Phase II Review of Cengage/McGraw-Hill Deal

Ultimatum comes same day U.S. reps urge DOJ scrutiny. By Timothy Z. LaComb and Jennifer M. Oliver On March 10th, the U.K. Competition and Markets…

DOJ: Event Powerhouse Live Nation Punished Concert Venues for Using Competing Ticketers Despite Bar

Highlights contracts event conglomerates use to lock down artists and venues. By Jennifer Oliver   Live Nation Entertainment, Inc., owner of some of the world’s…

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…

Are These the First Steps Toward a New Approach to Merger Control?

FTC Taking a 10-Year Antitrust Look-Back at Big Tech By Jonathan Rubin Big Tech mergers make big headlines, but there is much more to a…

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…

Consolidation of Financial Markets Continues as Morgan Stanley Offers to Buy E*TRADE, Pioneer of Low-Cost Online Trading Segment

By Timothy Z. LaComb Morgan Stanley’s proposed $13 billion all-stock acquisition of the popular E*TRADE online discount brokerage made big headlines last week. While no…

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…

MoginRubin LLP Named a Finalist for GCR’s 2020 Awards

MoginRubin has been recognized by Global Competition Review as a finalist for the 2020 Regional Firm of the Year – Americas Award.   According to GCR,…

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…

FTC Moves to Block Acquisition of Innovative Player That Has Been Good to Wet-Shave Razor Consumers

Commission says Schick Brand Owner Simply Seeks to Eliminate Market Disrupter, Harry’s By Timothy Z. LaComb The Federal Trade Commission (FTC) voted unanimously to challenge…

Agencies’ Antitrust Suit Against Drug Maker Underscores Challenges of Bringing Biosimilars to Market

The Federal Trade Commission and the New York Attorney General have sued Vyera Pharmaceuticals and two of its executives for antitrust law violations, saying the…

FTC Announces 2020 ‘Size of Transaction Thresholds’

Thresholds Apply to Clayton Act Premerger Notification Filings and Interlocking Directorates The Federal Trade Commission (FTC) announced on Jan. 28, 2020, that the “size-of transaction…

Remedies the Same for General Patent and Standard-Essential Patent Disputes, Agencies State

The Broad Market Effects of SEPs Must Not Be Forgotten in Constructing Remedies. By Jonathan Rubin and Jennifer M. Oliver Imagine purchasing a lamp that…

MOGINRUBIN’S JENNIFER OLIVER NAMED TO THE UNVERSITY AT BUFFALO SCHOOL OF LAW DEAN’S ADVISORY COUNCIL

MoginRubin Partner and University at Buffalo School of Law alumna Jennifer Oliver was recently appointed to the law school’s Dean’s Advisory Council (DAC). The DAC…

At Long Last: FTC, DOJ Issue New Draft Vertical Merger Guidelines

What it Means for the Vertical Integration Trend By Dan Mogin and Jennifer M. Oliver The Department of Justice (DOJ) and Federal Trade Commission (FTC)…

Antitrust Issues and Antitrust Risk Diligence in Nonreportable M&A Deals

Partner Jennifer Oliver recently authored an article in Bloomberg Law that explores the hidden antitrust risks involved in nonreportable M&A deals. The article and accompanying…

The Lawyers Club of San Diego Acknowledges MoginRubin’s Recent Accolade

MoginRubin was recognized in the January 2020 issue of LC News, a publication of The Lawyers Club of San Diego, for having been named by…

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…

Joy Sidhwa Promoted to Senior Counsel for MoginRubin

Effective January 1, 2020, Joy Sidhwa became senior counsel at MoginRubin. Previously she was a senior attorney at the firm. Joy focuses her work on…

FTC Challenges Illumina- PacBio Merger Over Next Gen DNA Sequencing

Government says Illumina wishes to extinguish PacBio’s nascent threat. Companies fight this argument in Britain. By Dan Mogin The Federal Trade Commission (FTC) is challenging…

Comcast Sued for Alleged Regional Sports Network Monopsony

Comcast says licensor Altitude Sports rejected “all reasonable” offers. By Timothy Z. LaComb Claiming Comcast Corp. is using its significant buying power and ambitious nationwide…

Oliver and LaComb Recognized as Go-To Thought Leaders by National Law Review

MoginRubin is pleased to announce that Partner Jennifer Oliver and Associate Timothy LaComb have been recognized by the National Law Review as “2019 Go-To Thought…

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…

Undeterred by Challenges, Google Makes Another Move to Harvest Healthcare Data

Google pursues Fitbit despite ongoing scrutiny, fines and lawsuits in the health data space. By Jonathan Rubin You have to give Google credit. It’s no…

Getting Biosimilars to Market: A Virtual Panel Discussion

Getting Biosimilars to Market, a recent virtual panel moderated by MoginRubin’s Joy Sidhwa, examines commercial challenges facing biosimilars from both the patent and the antitrust…

Spurned by HP Board of Directors, Xerox Gets Hostile, and is Spurned Again

Case raises a unique antitrust question. By Dan Mogin and Jennifer M. Oliver Copy equipment giant HP Inc. turned down the much smaller Xerox Holdings…

Anheuser-Busch InBev, Craft Brew Alliance Take Relationship to the Next Level

By Timothy Z. LaComb   The number of independent domestic craft brewers is dropping by one.   After a 25-year business relationship, Anheuser-Busch InBev Worldwide,…

The Emerging Role of Antitrust Law in Esports (Part II)

Partner Jonathan Rubin continues his discussion of emerging antitrust issues associated with the growing business of Esports in Part II of The Emerging Role of…

Billion-Dollar Merger of DNA Sequencing Firms Opposed by U.K., Questioned in U.S.

Antitrust concept now significant in life sciences. By Dan Mogin DNA sequencing giant Illumina, Inc.’s proposed $1.2 billion acquisition of Pacific Biosciences of California Inc.…

MoginRubin Recognized as a “Best Law Firm” for Antitrust Law By U.S. News & World Report and Best Lawyers

SAN DIEGO, November 1, 2019 – MoginRubin LLP has been named as one of the nation’s top Litigation-Antitrust law firms in the 2020 U.S. News—Best…

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…

Take Our CLE Webinar: The Intersection of Antitrust and Privacy

Market Behavior and Data-Driven Market Power  Moderator & Speaker: Daniel J. Mogin | Managing Partner, MoginRubin LLP Speakers: Jennifer M. Oliver, CIPP/US | Partner,…

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…

Beef Buyer Class Action Says ‘Big Beef’ Colluded to Score Record Profits by Manipulating Capacity

By Dan Mogin First it was cattle ranchers. Then came the consumers. Now it’s the direct purchasers of one of the nation’s most delicious and…

MoginRubin Recognized as One of California’s Top Boutique Law Firms

SAN DIEGO – October 23, 2019 –MoginRubin has been named by the Daily Journal as a “2019 Top Boutique Law Firm” in California for Antitrust…

California Tackles Big Pharma’s Anticompetitive ‘Pay for Delay’ Practices That Slow Down Lower-Cost Generic Drug Development

By Jennifer M. Oliver and Timothy Z. LaComb California Gov. Gavin Newsom has signed AB 824, known as the “Pay-for-Delay” bill, blocking pharmaceutical companies from…

DOJ Opposes Merger of Auto Industry’s Aluminum Sheet Suppliers, Agrees to Arbitrate Market Definition

By Jennifer M. Oliver The U.S. Department of Justice Antitrust Division is for the first time exercising its authority under the Administrative Dispute Resolution Act…

Jonathan Rubin Spoke at the Annual VGBA Summit in Seattle Last Week

Last week, MoginRubin Partner Jonathan Rubin participated in the Game Business & Legal Affairs Conference: VGBA Summit North in Seattle, Washington. The Summit, which takes…

California’s College Athletes May Profit from Their Positions, Kicking Off a National Wave and a Bout with the NCAA

By Timothy Z. LaComb and Jennifer M. Oliver September 30, 2019, was a big day for college athletics. Alongside Lakers’ star LeBron James (who ironically…

MoginRubin Partners Honored by Lawdragon

MoginRubin is proud to announce that partners Dan Mogin, Jonathan Rubin and Jennifer Oliver have been honored for their plaintiff work in this year’s Lawdragon…

Colleges, Students Tell DOJ McGraw-Hill/Cengage Merger Would Create a Textbook Duopoly

By Timothy Z. LaComb Two of the three dominant college textbook publishers – McGraw-Hill Education, Inc. and Cengage Learning Holdings II, Inc – have agreed…

MoginRubin LLP Seeks Class Certification in Alleged ATM Fee-Fixing Case Against Mastercard and Visa

Washington, DC – September 25, 2019 – A group of non-bank ATM operators, represented by MoginRubin LLP, has moved to certify a class of operators across…

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…

Consumer Groups and Unions Tell FTC: AbbVie-Allergen Merger Will Deny Access to More Effective and Affordable Drugs

By Dan Mogin, Jennifer M. Oliver and Timothy Z. LaComb In a September 13, 2019 letter, seventeen consumer advocacy groups and unions (led by Public…

‘Big Tuna’ Antitrust Case Among Latest to Discuss Daubert Test at Class Certification Stage. But What’s Too Rigorous?

By Jennifer M. Oliver U.S. Judge Janis L. Sammartino in California’s Southern District certified a price fixing class action against “Big Tuna” this summer following…

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…

The Emerging Role of Antitrust Law in Esports (Part 1)

Partner Jonathan Rubin recently wrote a two-part essay for Sports Litigation Alert and Sports Law Expert that examines the emerging role antitrust law will play…

MoginRubin Partner Jonathan Rubin Published in Concurrences

MoginRubin Partner Jonathan Rubin recently co-authored an article with University of Copenhagen Associate Professor Christian Bergqvist regarding antitrust complaints against Google. The article expertly examines…

German Court: Facebook’s Use of Non-Facebook Data, Even if a Privacy Violation, is Not Anti-Competitive

While Facebook is under assault from multiple agencies and branches of government in the U.S. and Europe, it received a little good news from Germany,…

Join Us in Chicago! Panel on Expert Challenges at Class Certification

MoginRubin partner Jennifer M. Oliver will be a panelist at a discussion of class certification on September 24th. The event will be hosted by McDermott…

DOJ Opposes Sabre’s Acquisition of Airline Ticketing Disrupter Farelogix

By Jennifer Oliver When a company with a new idea shakes up an industry and delights consumers, it is tempting for established players to devour…

CBS and Viacom Get Back Together to Serve Largest Share of U.S. TV Market

By Dan Mogin and Timothy Z. LaComb Apparently celebrity breakups and reunions happen at the corporate level, too. CBS Corp. is buying Viacom in an…

FTC ‘Gift’ to Facebook Arrives in Less-Than-Cheery Wrapping Paper for Zuckerberg, Sandberg

  By Jennifer Oliver Even in the year 2019, $5 billion is a lot of cash. The Federal Trade Commission’s penalty against Facebook in that…

DOJ Gets Involved in Antitrust Case Against Symantec and Others Over Malware Testing Standards

By Jonathan Rubin and Timothy Z. LaComb The U.S. Department of Justice Antitrust Division has inserted itself into a case that questions whether the Anti-Malware…

Remedy or Misadventure? DOJ Proposes Creation of New Competitor to Allay T-Mobile/Sprint Anticompetition Concerns

By Jonathan Rubin and Timothy Z. LaComb The federal government and five state attorneys general reached a proposed settlement with T-Mobile and Sprint on July…

Anticompetition & Privacy Probes Put Big Tech on the Defensive, Scrambling to Adapt & Paying Fines

By Jennifer M. Oliver & Nicole Ambrosetti The Department of Justice Antitrust Division and the Federal Trade Commission are making good on their promises to…

Talent Agencies Sue Writers’ Unions for Anticompetitive Boycott

The world’s leading talent agencies claim the two Writers Guild of America (WGA) unions violated antitrust laws by executing what they call an illegal boycott…

Free Competition or National Security? Chip Giant Qualcomm’s Business Practices Pit the FTC Against the DOJ

Ubiquitous modem chips allow our smart devices to communicate with each other over cellular networks using industry standards like 4G LTE. A small group of…

Salmon Industry Faces Price-Fixing Lawsuits in the U.S. Following Raids in Europe

Commercial U.S. buyers of Farmed Atlantic Salmon have sued many of the leaders of what they maintain is a global cartel that has colluded to…

Cases Alleging Caustic Soda Cartel Combined in Federal Court in Upstate New York

Five companies filed separate lawsuits earlier this year in the Western District of New York against the nation’s leading manufacturers of caustic soda, a chemical…

MoginRubin Recognized as a Leading Law Firm for Antitrust Class Actions

WASHINGTON (PRWEB) JUNE 04, 2019 MoginRubin LLP, a nationally recognized law firm dedicated to competition law, is pleased to announce that it has been ranked as…

WSJ: DOJ ‘Gearing Up’ For Antitrust Fight Against Alphabet Inc.’s Google

The Wall Street Journal reported on May 31 that the U.S. Justice Department is “gearing up” for an antitrust investigation of Google, “a move that…

Jennifer Oliver, MoginRubin’s Newest Partner, Offers Advice for Advancement: Dedicate Yourself to the Firm and the Cases

FOR IMMEDIATE RELEASE Jennifer Oliver, MoginRubin’s Newest Partner, Offers Advice for Advancement: Dedicate Yourself to the Firm and the Cases SAN DIEGO – May 24,…

DOJ Guides Prosecutors Considering Criminal Charges in Assessing Corporate Compliance Programs

WASHINGTON, D.C. — The U.S. Department of Justice Criminal Division has issued guidance to assist prosecutors in assessing corporate compliance programs during criminal investigations. Saying…

Supreme Court Greenlights iPhone App Antitrust Case by ‘Direct Purchasers’

The Supreme Court held today that iPhone users are “direct purchasers” of apps from Apple’s wildly popular multi-billion-dollar App Store and have standing to sue,…