Fierce Competition Podcast | Private Equity Under the Antitrust Microscope
The Latest on Antitrust Compliance
Recently, the Ninth Circuit Court of Appeals affirmed a district court’s decision finding a delegation clause in an arbitration agreement to be both procedurally and substantively unconscionable and, moreover, that...more
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
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
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
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
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
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
For the third time in as many months, the U.S. federal antitrust enforcement authorities -- the Federal Trade Commission and the Antitrust Division of the Department of Justice -- have filed a statement of interest in an...more
“The wild west” is by far the most frequent characterization used to describe college sports since NCAA v Alston, 141 S. Ct. 2141, paved the way for college athletes to be compensated for use of their Name, Image, and...more
On December 13, a West Virginia federal judge placed a temporary hold on an NCAA rule (NCAA Division I Bylaw 14.5.5.1) requiring certain student-athletes who transferred schools to wait a year before competing in games. This...more
The third quarter of 2023 was eventful for both domestic and international cartel enforcers. In the United States, the Department of Justice (DOJ) continues to revamp policies to sharpen its enforcement efforts. On...more
On September 26, 2023, the Federal Trade Commission (FTC) and 17 state attorneys general filed a complaint in the U.S. District Court for the Western District of Washington against Amazon.com, Inc. under Section 5 of the FTC...more
In August, we wrote about whether antitrust liability might be in the PGA Tour’s future through a reported DOJ Antitrust Division investigation about the PGA Tour’s actions relating to LIV Golf and about PGA Tour bylaws...more
A group of 42 AGs settled with Indivior Inc. to resolve allegations that the pharmaceutical company violated the Sherman Act and state antitrust laws by engaging in anticompetitive activities to impede competition from...more
A bipartisan coalition of eight AGs and the U.S. Department of Justice filed an antitrust suit against Google LLC alleging anticompetitive, monopolistic conduct regarding digital advertising technologies in violation of the...more
A healthcare staffing firm in Nevada just pled guilty to conspiring with a competitor to fix wages for school nurses and agreeing not to solicit each other’s workers – the nation’s first-ever successful criminal prosecution...more
DOJ’s antitrust case against Google presents several interesting and difficult issues. Google dominates the search engine market. No one can question that. But the question will eventually boil down to whether Google’s...more
The Department of Justice and eleven state Attorneys General filed an antitrust case against Google in the United States Court for the District of Columbia. DOJ’s filing was hurried at the behest of the Attorney General Bill...more
The Government’s Antitrust Action Against Google - On Oct. 20, 2020, the Department of Justice (DOJ) and 11 state attorneys general filed a significant civil antitrust lawsuit against Google LLC in the District of Columbia...more
On August 11, 2020, the Ninth Circuit Court of Appeals reversed a decision of Judge Koh sitting in the Northern District of California that certain of Qualcomm’s business practices relating to its standards essential patents...more
On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In...more
In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit reversed the decision by the U.S. District Court for the Northern...more
The Ninth Circuit reversed a district court’s ruling that Qualcomm violated the Sherman Antitrust Act through its licensing and sales practices related to cellular microchips, resulting in a defeat to the Federal Trade...more
On Tuesday, August 11, 2020, the Ninth Circuit reversed and vacated Judge Lucy Koh’s controversial, post-bench trial decision in FTC v. Qualcomm Inc., 411 F. Supp. 3d 658 (N.D. Cal. 2019), regarding whether Qualcomm violated...more
Ninth Circuit Overturns District Court Judge Lucy Koh's Decision That Qualcomm's Licensing and Chip Sales Practices Are Antitrust Violations - The Federal Trade Commission has a history of taking positions and aggressively...more