Antitrust, Unfair Competition & Class Actions


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,…

ABA Spring Meeting Podcast Women in Antitrust is Available, Featuring Jodie Williams

Jodie Williams, Partner at MoginRubin LLP was featured in a podcast about women in antitrust from the ABA 2019 Spring Meeting in March. Click here…

German Competition Regulator Calls Facebook’s User Data Collection “Exploitative Abuse”

The German competition regulatory authority has decided to bar Facebook from combining user data with data it scrapes from non-Facebook sources — a major spring…

Spotify Tells EU Apple is Hampering Competitors as Apple Music Surpasses Spotify in U.S.

Swedish music streaming company Spotify Technology SA’s antitrust complaint against Apple Inc. in Europe is another example of a dispute arising when a company is…

Add-On Acquisitions Require Antitrust Due Diligence, Expertise, and Proactivity

With the uptick in global private equity add-on acquisition activity comes the usual M&A-related risks, but getting out in front of any potential antitrust challenges…

The New Antitrust Paradox

THE NEW ANTITRUST PARADOX: HOW PROTECTING COMPETITORS AHEAD OF CONSUMERS KILLS THE COMPETITION THAT ANTITRUST IS DESIGNED TO PROTECT. IS IT TIME TO GO BACK…

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…

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…

MoRu Celebrates International Women’s Day

MoginRubin LLP celebrated International Women’s Day last week by attending a luncheon hosted by the Lawyers Club of San Diego. MoRu supports the empowerment of…

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…

Facebook’s Messenger Integration Plan Greeted With Anti-Competition, Anti-Privacy Criticism

In a move that could redefine how 2.6 billion people use Facebook Messenger and Facebook’s acquired WhatsApp and Instagram apps, The New York Times reported…

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.  

MoRu Proudly Sponsors 41st Annual PALSD/FALSD Dinner

MoginRubin LLP is the Audio Visual Sponsor of the 41st Annual Dinner and Installation of Officers, hosted by Filipino American Lawyers of San Diego and…

Dan Mogin to Speak at Class Action Mastery Forum Next Week in San Diego, CA

We are proud to announce that our own Daniel Mogin has been selected as a panelist for the Class Action Mastery Forum next week at…

MoginRubin Named 2019 Best Law Firm in America

You may recall, when MoginRubin LLP attorney Dan Mogin was ranked in Best Lawyers’ 2018 listing, the sheer excitement of this annual honor drove him to “not rule…

Regulatory Roundup: Tips for Antitrust Lawyers Cross-Reporting to the FCC

Jodie Williams, a Partner at MoginRubin LLP, co-authored a piece with Melissa Slawson, General Counsel and Vice President of Government Affairs and Education at GeoLinks,…

Dan Mogin Honored in Jury Verdict Reporter’s 2018 Trial Lawyer Excellence Awards

Dan Mogin from MoginRubin LLP was honored last week at the Trial Lawyer Excellence Awards in Chicago, by Jury Verdict Reporter. Upon receiving the award,…

Jodie Williams Attended the Complex Litigation E-Discovery Forum in Minnesota

Jodie Williams from MoginRubin LLP attended the Complex Litigation E-Discovery Forum in Minneapolis, Minnesota last month. To learn more about the event, click here. See…

Dan Mogin to be Honored at Jury Verdict Reporter’s 2018 Trial Lawyer Excellence Awards

MoginRubin LLP is proud to announce that our Managing Partner, Daniel Mogin, will be honored for his work in competition law at the upcoming Jury…

New Partner Announcement – Congratulations Jodie Williams

MoginRubin LLP is pleased to announce Jodie Williams has become its newest Partner. Jodie joined the firm in 2013, and has proven through her hard…

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”)…

Dan Mogin Selected by Best Lawyers as Best Lawyer 2018

We are proud to announce that Best Lawyers has selected Daniel Mogin, Managing Partner of MoginRubin LLP as a Best Lawyer 2018. To learn about…

MoginRubin is Proud to Sponsor the 11th Annual KABA-SD Dinner

MoginRubin LLP is proud to sponsor the 11th Annual KABA-SD Dinner on September 6, 2018. See below for more information, or visit KabaSD.org

MoginRubin is a Proud Sponsor of the FALSD 5th Annual Law Scholarship Golf Outing

MoginRubin LLP is a proud sponsor of the 5th Annual Law Scholarship Golf Outing, hosted by FALSD on September 13, 2018. Simply click on the…

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…

Jodie Williams Appointed to Vice Chair of ABA Civil Practice and Procedure Committee

Jodie Williams has been appointed to serve as Vice Chair of the American Bar Association’s Civil Practice and Procedure Committee for the 2018 – 2019…

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…

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.…

Jonathan Rubin Invited to Speak at the U.S. Antitrust Seminar in Denmark on June 28th

Jonathan Rubin, Partner, has been invited to speak alongside Ole Wendler Pedersen, Vice President of Novo Nordisk, at an event in Copenhagen intended to expose…

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…

Dan Mogin Selected as Super Lawyer in Antitrust Litigation

MoginRubin LLP would like to congratulate our own Daniel Mogin, as he has, once again, been selected as a Super Lawyer in Antitrust Litigation by…

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…

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…

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…

Luxottica/Essilor Merger Being Closely Reviewed, May Halt Nascent Competition

Luxottica and Essilor announced their intent to merge in January 2017, and regulatory agencies around the world have been investigating whether the merger poses anticompetitve…

Luxottica/Essilor Fail to Produce Data, EU Investigation On Hold

Last month, the European Commission announced that it was taking a closer look at the Luxottica/Essilor proposed merger.  On November 3, 2017, it was reported…

MoginRubin LLP Works Pro Bono to Assist Antitrust Law Professors in Filing Ninth Circuit Amicus Curiae Brief on the Direct Effects Rule

In its latest pro bono effort, MoginRubin has assisted a group of antitrust law professors in filing an amicus curiae brief in the matter of…

DOJ and FTC Issue Joint HSR Report for FY 2016

On October 3, 2017, the FTC and the DOJ released their joint Hart-Scott-Rodino merger report for the fiscal year, ending September 30, 2016. They reported…

Department of Justice Challenges Consummated $4.3 Billion Deal

On September 26, 2017, the Department of Justice challenged Parker-Hannifin Corporation’s $4.3 billion already-consummated acquisition of Clarcor Inc. as anticompetitive.  The deal, announced in late…

Democrats Introduce Bills for Stronger Merger Enforcement

On September 14, 2017, Senator Amy Klobuchar (D-MN) introduced two pieces of legislation intended to reform antitrust scrutiny of mergers and acquisitions under the Clayton…

Lawyers Club San Diego Guest Blog: Fear of Flying or Just Say Yes?

By: Jodie M. Williams Jodie Williams, counsel for MoginRubin LLP, authored a guest blog for Lawyers Club San Diego, regarding women in the field of…

Judging Neil Gorsuch and Antitrust Law – National Review

By: Dan Mogin & Jonathan Rubin Daniel Mogin and Jonathan Rubin in the National Review, responding to Zephyr Teachout’s misguided claims regarding Supreme Court nominee Neil…

A Monopoly Donald Trump Can Pop

By: Dan Mogin Last week, The New York Times featured an op-ed regarding an antitrust issue of concern to our Firm and colleagues.

LIBOR (Gelboim) and the Implications of its Unwritten Rule

By: Dan Mogin & Jodie Williams Dan Mogin and Jodie Williams published in The American Lawyer, presented by the Antitrust and Trade Regulation Section of the Federal…

ValueAct Update: Department of Justice Negotiates Record Settlement For HSR Violations

In April of this year, The Mogin Law Firm, P.C. published an article discussing an enforcement action by the Department of Justice (“DOJ”) against ValueAct…

Second Circuit Reverses LIBOR MDL District Court Ruling

Recently, The Mogin Law Firm, P.C. discussed the differing opinions among judges in the Southern District of New York regarding antitrust injury. 

The Systems Approach to Antitrust Law

By: Jonathan Rubin The law inexorably lags developments in wider society. For decades, governmental policies toward business have followed the Chicago School of economics view…

Another Judge Rejects LIBOR I’s Holding On Antitrust Injury In Financial Benchmark Cases

A second judge in the Southern District of New York recently found that manipulation of financial benchmarks can constitute antitrust injury to state a claim…

Supreme Court Declines to Further Opine on Statistical Evidence Proving Damages

A few weeks ago, The Mogin Law Firm, P.C. posted an analysis of the Supreme Court’s decision in Tyson’s Foods v. Bouaphakeo the potential implications…

Supreme Court Upholds Sample Statistical Evidence in Tyson Foods

On March 22, 2016, the Supreme Court decided Tyson Foods, Inc. v. Bouaphakeo, affirming a verdict in favor of a certified class under the Fair…

The New Road to Serfdom: The Curse of Bigness and the Failure of Antitrust

This is a link to a new article previewing The New Road to Serfdom: The Curse of Bigness and the Failure of Antitrust (49 U.…

Ninth Circuit Expands Reach of California Antitrust Law

In a recent decision in a price-fixing case, the U.S. Court of Appeals for the Ninth Circuit held that California’s antitrust statute, the Cartwright Act,…

6 DRAM Makers Settle Price-Fixing Claims For $173M

Law360, New York (June 24, 2010) — Six makers of dynamic random access memory chips,including Micron Technology Inc. and NEC Electronics America Inc., have reached…

‘Pay for Delay’ Cases Illustrate Struggle Between Competition vs. Regulation Policies (Part I of II)

  article originally appeared in the San Diego Daily Transcript on September 8, 2009

Economic recovery: Lessons from antitrust history

By: Dan Mogin It is an understatement to say the economic and banking crisis, and even the future of capitalism and free markets, have been…

Live Nation, Ticketmaster Tie Up Faces Federal Scrutiny

WASHINGTON – The CEOs of music industry giants Ticketmaster Entertainment Inc. and Live Nation Inc. had a long week on Capitol Hill defending the planned…

The Consumer Impact Of Illinois Brick, A Short Analysis

By: Dan Mogin This article is a very short and informal analysis of the effect of the Supreme Court’s decision in Illinois Brick Co. v…

“The Microsoft Media Debate”: Decide Based On Evidence And The Law, Not Economic Dogma

By: Dan Mogin Peter Scheer’s editorial “Better Gates than a Judge as Microsoft CEO” is an example of what’s wrong with the “debate” regarding Microsoft…

Antitrust and Democracy: Adam Smith was Right

By: Dan Mogin Antitrust, monopolies, price gouging and deregulation have been in the news lately.

New Case vs. Intel

The Mogin Law Firm, P.C. files a new case alleging that Intel Corp. monopolized the x86 microprocessor market using exclusive dealing agreements

Cointegration and Antitrust: A Primer

Jonathan L. Rubin, J.D., Ph.D.* American Antitrust Institute Introduction On October 8, 2003, Robert F. Engle and Clive W. J. Granger were awarded the Nobel…