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Anticompetitive Behavior

Davies Ward Phillips & Vineberg LLP

Canada’s Competition Bureau Offers Guidance on Excessive and Unfair Pricing

As we have discussed in a prior bulletin and a more detailed analysis, Canada’s Competition Act was recently amended to both (i) establish a new, more expansive framework for challenging anti-competitive conduct by dominant...more

Troutman Pepper

What Is the FTC "Merger Portal?"

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At the Federal Trade Commission's (FTC) open meeting this month, agency staff and commissioners discussed the recently launched " Merger Portal." The portal is available on the FTC's website and provides the public with an...more

Benesch

Ninth Circuit Provides Long-Awaited Guidance on Mass Arbitration Provisions

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In the long-awaited newest chapter of case law discussing the validity and enforceability of arbitration clauses and class action waivers, the Ninth Circuit on October 28, 2024, dealt a setback, though not a fatal blow, to...more

Wilson Sonsini Goodrich & Rosati

Old-Fashioned Approach Still Wins It for the FTC in Luxury Goods Merger Challenge

On October 24, 2024, to the surprise of many legal observers and fashion industry executives, the Federal Trade Commission (FTC) secured a preliminary injunction blocking a proposed $8.5 billion deal between Tapestry and...more

MoginRubin LLP

Major Electronic Medical Records Firm ‘Squashing’ Competition, Antitrust Suit Claims

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Case pits newcomer against colossus said to control as much as 80-90% of the market. Particle Health Inc., a young healthcare data platform provider, has filed an antitrust complaint against Epic Systems Corp., the dominant...more

MoginRubin LLP

DOJ Sues Visa for Monopolizing Debit Network Markets

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Exclusionary conduct has been a key to Visa’s success. The Antitrust Division of the Justice Department filed a civil antitrust lawsuit against Visa Inc. in the Southern District of New York yesterday for illegal...more

DLA Piper

Juntos - September 2024

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Welcome to Juntos, our bulletin that explores antitrust and competition developments across US-Latin America. In this issue, we look at key headlines from throughout 2024....more

Kerr Russell

Price Collusion in the Crosshairs

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There has been a spate of legislation and lawsuits targeting the use of software that gives visibility to competitors’ prices. This allows firms to adjust their prices, either undercutting the competition or setting a de...more

Alston & Bird

Strike Force on Unfair and Illegal Pricing Holds First Public Meeting: CFPB Director Highlights Work on Junk Fees

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What Happened? As reported by Alston & Bird’s Antitrust Group, the Federal Trade Commission and the Department of Justice hosted the first public meeting of the Strike Force on Unfair and Illegal Pricing (the “Strike...more

Association of Certified E-Discovery...

Maybe Next Time Google Should Google “Legal Hold”

Six Simple Steps to Avoid Sanctions for Failure to Preserve Electronic Evidence - I’m not a lawyer, and far be it for me to give legal advice, but I’ve lived and worked around lawyers for all of my professional legal career,...more

Holland & Knight LLP

CDPAP Legal Storm Continues: New Lawsuit Targets DOH's RFP Implementation, Single FI Structure

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A second lawsuit has been filed challenging recent changes to New York's Consumer Directed Personal Assistance Program (CDPAP or the Program), this time taking aim at the new single fiscal intermediary (FI) structure that...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - August 2024 #3

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The cofounders of FanDuel are stepping up their efforts to recoup lost equity from the company’s 2018 acquisition by European bookmaker Paddy Power Betfair, which later rebranded to Flutter Entertainment....more

MoginRubin LLP

Act 2: Remedies in the Google Search Antitrust Case

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I was not alone in noting the significance of the D.C. district court's decision earlier this month to hold Google liable for monopolization of the general search market and the search text advertising market in United...more

Patterson Belknap Webb & Tyler LLP

Jury Rejects Tevra's Embattled Market Definition in Antitrust Suit

On August 1, 2024, following five years of litigation, Tevra’s antitrust suit against Bayer Healthcare LLC came to an end. Tevra, a manufacturer of generic version topical flea and tick medications, alleged that Bayer engaged...more

Goodwin

Google is an Illegal Monopoly, Federal Court Rules

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Following a nine-week bench trial starting in September 2023 and closing arguments in May 2024, District of Columbia district court judge Amit Mehta ruled on August 5, 2024, that Google illegally maintained its monopoly in...more

MoginRubin LLP

Google’s Default Distribution Deals Drive Search Monopoly Decision

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This week’s decision in United States v. Google represents a significant victory for the Department of Justice’s Antitrust Division and various state attorneys general, which successfully argued that Google has exercised...more

Foley Hoag LLP - State AG Insights

30 State Attorneys General Team up with DOJ to Sue Live Nation for Violations of Antitrust Law

United States Attorney General Merrick Garland, giving remarks about the lawsuit, highlighted public criticism over Live Nation-Ticketmaster’s “exorbitant fees and technological failures” and stated that this lawsuit is “what...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #4

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The breach of contract trial against a woman claiming to be Jerry Jones’ daughter is scheduled to start next Monday, and the Cowboys owner is expected to testify on the witness stand....more

Robinson+Cole Data Privacy + Security Insider

It Takes More than an Algorithm to Prove an Agreement: An Analysis of Gibson v. Cendyn Group

On May 8, 2024, Chief Judge Miranda Du of the U.S. District Court for the District of Nevada granted defendants’ motion to dismiss with prejudice the complaint in Gibson v. Cendyn Group, LLC, Docket No. 2:23-cv-00140-MMD-DJA,...more

Alston & Bird

Class Action & MDL Roundup 2024 Q1 – Reaching Across the Pond

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2024. In this edition, UK High Court weighs in on information asymmetry, debit is better than credit,...more

Axinn, Veltrop & Harkrider LLP

Hospital Deal Collapses When Fourth Circuit Agrees to Injunction Pending Review of FTC Loss — Key Issue Left Unresolved

The FTC lost its challenge to Novant's acquisition of two hospitals owned by Community Health Systems ("CHS") but obtained an injunction pending appeal. Soon after learning the injunction was granted, Novant dropped the...more

Alston & Bird

European Commission Opens First M&A In-Depth Investigation Under the Foreign Subsidies Regulation

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Our Antitrust Team reviews how the European Commission is using the Foreign Subsidies Regulation (FSR) and, for the first time, performed an in-depth investigation into whether the acquirer of a company with activities in the...more

Morrison & Foerster LLP

The FTC and DOJ Enlist the Public in Latest Attack on Serial Acquisition Strategies

On May 23, 2024, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) Antitrust Division announced a Request for Information (“RFI”) seeking information from the public to “identify serial acquisitions...more

Alston & Bird

European Commission Fines Global Foods Supplier €337.5 Million for Blocking Cross-Border Sales

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Our Antitrust and Food & Beverage teams examine how the European Commission’s hefty fine is a warning against anticompetitive behavior for companies operating in the EU....more

K&L Gates LLP

Judge Dismisses FTC Case Against Welsh Carson but Enforcement Focus on Private Equity in Health Care Continues

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On 13 May, a federal district court judge dismissed the Federal Trade Commission’s (FTC) antitrust case against private equity firm Welsh, Carson, Anderson & Stowe and affiliated entities (Welsh Carson). This matter has been...more

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