Sherman Act


Pfizer Completes $5.4 Billion Acquisition of Sickle Cell Disease Drug Innovator

Pfizer Inc. has acquired Global Blood Therapeutics, Inc. (GBT), a biopharmaceutical company whose leading product inhibits harmful medical conditions that lead to the relatively rare…

Amazon’s iRobot Acquisition Faces Shareholder and Consumer Resistance as FTC Investigates

iRobot Corp. shareholders approved Amazon.com, Inc.’s $1.7 billion purchase of the Roomba maker on Oct. 17, while a pre-trial conference in a suit brought by…

FTC, States Sue Pesticide Makers Over Exclusionary Schemes to Block Generics

Syngenta and Corteva used “loyalty programs” to cut off competition and inflate prices paid by farmers and consumers, suit says. The Federal Trade Commission and…

FTC Chair Touts Vigorous Antitrust Enforcement Despite Anemic Funding

Trump appointees say things were better during his term. Federal Trade Commission Chair Lina M. Khan testified this week that despite being strapped for resources…

Google Alert: Antitrust Suits Coming Soon

Google awaits service in three countries over digital ad conduct. One of the first victims of the rapid tectonic shift in how the world consumes…

FTC Sues to Block Meta from Acquiring Leading VR Developer

FTC Accuses Meta of Trying to Further Dominate Virtual Reality Ecosystem via Acquisition. The Federal Trade Commission (FTC) filed suit against Meta Platforms, Inc. (fka…

Google Must Defend Inform Advertising Antitrust Case After All

Eleventh Circuit disagrees that the complaint was an inadequate “shotgun pleading” against Google, YouTube and Alphabet. Handing Google LLC a reversal of fortune, the Eleventh…

Federal Court Approves $2.67B Settlement of Antitrust Suit Against Blue Cross

U.S. District Judge R. David Proctor of Alabama has approved the settlement of antitrust litigation brought against Blue Cross Blue Shield Association by large employers…

Credit Card Issuers File Antitrust Suit Against Apple for Exclusionary Conduct in Mobile Tap-and-Pay Market

Apple Operating an Illegal Monopoloy in Tap-and-Pay Market, Suit Says The convenience of the tap-and-pay mobile wallet model is a feature consumers increasingly enjoy for…

What’s So Funny About Peace, Love, and Antitrust?

Comedian John Oliver (no relation to MoginRubin antitrust attorney Jennifer Oliver, or so she claims) spent nearly a half hour of his show Last Week…

NYT’s Lead Economics Writer: Biden Needs Pro-Antitrust Economics Judges

At the end of April 2022, announcing President Joseph Biden’s latest round of federal judicial nominations, the White House hailed the nominees not only as…

App Developer’s Antitrust Case Against Apple Looking Durable

Court Says Licensing Agreement Does Not Bar App Maker Litigation A federal judge has rejected Apple Inc.’s interpretation of its app licensing agreement in the…

DOJ: Wage-Fixing Antitrust Civil Case Should Survive Acquittals in Criminal Case

A federal court jury in Denver returned not guilty verdicts in the government’s criminal case against DaVita Inc. and its former CEO, in which the…

Fight Over 2010 Live Nation / Ticketmaster Merger Not Over Yet

Company served with a new lawsuit amid fresh calls to unwind. When concert promoting giant Live Nation Entertainment, Inc., and ticketing giant Ticketmaster Entertainment, Inc.,…

In Price Restriction Litigation, Amazon Wins One, Loses One

Amazon.com Inc. started the month of March with two suits on opposite coasts challenging the rules it imposes on the platform’s merchants which prohibit them…

Hearing No Further Objections from the FTC, Amazon Buys MGM

Recommitted to fighting anticompetitive consolidation, the government could still challenge the deal. The Federal Trade Commission’s silence last week on Amazon’s acquisition of MGM –…

UK, EC Investigate Google / Facebook ‘Jedi Blue’ Agreement

The U.K. Competition and Markets Authority (CMA) and the European Commission have launched investigations into whether Alphabet/Google and Meta/Facebook illegally conspired to hold their dominant…

House Judiciary Committee Says Amazon Obstructed and Lied to Congress, Seeks Investigation

The House Judiciary Committee has informed Attorney General Merrick Garland of “potentially criminal conduct” on the part of Amazon and its top executives. Detailed in…

Will We See More Criminal Charges Against Monopolies?

DOJ Official’s Remarks Seen as ‘Signal’ Government Will Use Criminal Charges to Fight Illegal Monopolies Remarks made by the DOJ’s Richard Powers at a March…

FTC, Rhode Island AG Move to Block New England Healthcare Merger

The Federal Trade Commission and the Rhode Island Attorney General are using both administrative measures and litigation to stop the proposed merger of Lifespan Corp.…

FTC Sues to Torpedo Lockheed’s $4.4 Billion Aerojet Acquisition

Marking the first time in decades that it has sued to block a defense industry merger, the Federal Trade Commission on Jan. 25, 2022 filed…

Elite University Cartel Conspired to Limit Financial Aid, Students Charge in Class Action

  “Privileging the wealthy and disadvantaging the financially needy are ‘inextricably linked.’” Student recipients of need-based financial aid brought a class action against 16 elite…

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…

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…

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…

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…

Partner Jonathan Rubin Quoted by Law360 in “Dual Facebook Antitrust Cases Land Before Different Judges”

MoginRubin co-founder Jonathan Rubin quoted in a Law360 article about the challenges raised by Federal Trade Commission and several state attorneys general for Facebook’s alleged…

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…

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…

MoginRubin Attorneys to Speak on U.S. vs. Google

Webinar: The Antitrust Case Against Google Tuesday, Nov. 10, 2020 at 9PT | 10MT | 11CT | 12ET. Complimentary and eligible for CLE.   Featuring…

Telecommunications: DOJ Allows AT&T to Sell Off Caribbean Operations

The Department of Justice is requiring Liberty Latin America Ltd., its subsidiary, Liberty Communications of Puerto Rico LLC, and AT&T Inc. to divest certain fiber-based…

Private Equity: Platforms Seek Quick Merger Approval in the U.K.

Two popular crowdfunding platforms, Crowdcube and Seedrs, have asked the U.K. competition authority to fast track their merger designed to create “the world’s largest private…

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…

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…

Nvidia’s Acquiring UK Chip Designer for $40 Billion

In a move that Reuters said will “reshape the global semiconductor landscape,” Nvidia Corp. is purchasing Arm of the U.K. from SoftBank Group Corp. of…

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…

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 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…

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…