Sherman Act

FOR IMMEDIATE RELEASE Supreme Court Declines to Review Class Certification of ATM Operator Class in Antitrust Case Against Mastercard and Visa The Supreme Court declined…

04/16/24

Apple uses anticompetitive tactics to lock in consumers and developers, government says. Apple will even sacrifice quality to thwart innovation and competition, according to the…

03/26/24

  The Federal Trade Commission is requesting public comment on an application from XCL Resources Holdings, LLC, a subsidiary of private equity firm EnCap Investment…

03/14/24

“Private equity firms and other corporate owners are increasingly involved in health care system transactions, and, at times, those transactions may lead to a maximizing…

03/14/24

Government suit: Limiting athletes from changing schools unreasonably restrains competition. Under the current rules of the National Collegiate Athletics Association (NCAA), college athletes who transfer…

02/19/24

A federal judge in Massachusetts has blocked JetBlue Airways’ $3.8 billion purchase of Spirit Airlines, finding the deal would fly in the face of the…

01/30/24

High court lets Ninth Circuit opinion stand, but the conflict isn’t over. What just happened? Last week the Supreme Court denied Apple Inc.’s petition to…

01/22/24

“Traditional antitrust economics face significant challenges grappling with the new economy industrial environment, and the Amazon case is likely to be a crucial test for…

01/11/24

Case addresses antitrust implications when competitors use algorithms to make pricing decisions. A ruling by U.S. Judge Waverly Crenshaw in Tennessee has kept alive a…

01/10/24

Does Apple use its hardware/software control to hamper switching and competing? The Antitrust Division of the Department of Justice is in the “late stages” of…

01/10/24

  Company also agrees to change anticompetitive conduct pertaining to exclusivity, payments, pricing, and more. Google will pay $700 million and change several of its…

12/19/23

Antitrust Division Annuls Koch’s Contract Exit Penalties Citing the unreasonable burden placed on poultry farmers, the Justice Department’s Antitrust Division sued Koch Foods Inc. last…

12/11/23

  Case raises questions about competitors using algorithms to set prices. Interested in the matter’s Sherman Act implications, the Department of Justice Antitrust Division is…

11/01/23

Investigation cites pre-WWII amendment to the FTC Act.   Marks at least second such pricing investigation this year. Both involve leading retailers and beverage companies.…

10/31/23

  MLB’s century-old antitrust immunity under assault from several directions.   Minor leagues teamed up after MLB severed affiliations, but Second Circuit ruled against them.…

10/31/23

Anywhere Real Estate has settled out of antitrust class action litigation brought by home sellers claiming the National Association of Realtors, Anywhere, and other major…

09/13/23

Teva Pharmaceuticals USA, Inc. and Glenmark Pharmaceuticals Inc., USA have agreed to the terms demanded by the Department of Justice to resolve price-fixing charges against…

09/13/23

Leading Antitrust Practitioners to Exchange Insights MoginRubin LLP Partner Jonathan Rubin is participating in a live Strafford webinar, titled “Class Certification: Guidance from Olean v.…

09/07/23

  Proposed agreement follows court ruling on Surescripts’ dominant 95% “supershare.” Health information technology company Surescripts, LLC has agreed to stop engaging in exclusionary conduct…

08/21/23

FOR IMMEDIATE RELEASE D.C. Appeals Court Affirms ATM Operators’ Class Certification in Antitrust Case Against Visa and Mastercard   Decision moves forward class actions brought…

07/26/23

In Antitrust Law, MLB is in a League of Its Own In the 1992 movie “A League of Their Own,” Jimmy Dugan was the cranky…

06/28/23

According to multiple news reports, the Department of Justice has revived its antitrust investigation against Alphabet Inc. and Google LLC over their Google Maps service…

03/30/23

Judge: Case “vividly points to the need for class treatment.” Football fans have secured class certification of their lawsuit claiming that they were charged inflated…

02/17/23

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

10/20/22

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…

10/20/22

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…

10/14/22

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…

09/21/22

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…

09/15/22

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…

09/01/22

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…

09/01/22

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…

08/10/22

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…

07/21/22

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…

06/21/22

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…

06/03/22

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…

05/23/22

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…

05/18/22

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.,…

04/08/22

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…

03/25/22

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 –…

03/23/22

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…

03/17/22

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…

03/17/22

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…

03/17/22

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.…

02/18/22

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…

01/31/22

  “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…

01/20/22

“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…

01/28/21

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,…

01/17/21

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…

01/17/21

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…

01/10/21

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…

01/02/21

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…

12/22/20

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…

12/17/20

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…

12/14/20

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…

11/19/20

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…

11/05/20

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

11/02/20

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…

10/29/20

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…

10/29/20

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…

10/29/20

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.…

10/29/20

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…

10/19/20

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…

10/06/20

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…

09/29/20

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…

09/29/20

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…

09/15/20

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…

09/15/20

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

09/15/20

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…

09/15/20

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…

09/15/20

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…

08/27/20

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

08/27/20

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…

07/31/20

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…

07/03/20

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…

07/03/20

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…

07/02/20

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…

07/01/20

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…

04/01/20

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…

08/14/18