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Antitrust Litigation Competition

Wilson Sonsini Goodrich & Rosati

2025 Year in Preview: Antitrust Trends and Key Decisions in Private Litigation

2025 promises a dynamic and challenging year for businesses as key antitrust cases set new precedent, private antitrust litigation will intensify, and legal battles evolve. In this first installment of the Wilson Sonsini...more

A&O Shearman

FTC secures record USD5.68 million gun-jumping penalty

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On January 7, 2025, the U.S. Federal Trade Commission announced a record USD5.68m civil penalty to settle alleged pre-merger coordination in violation of the HSR Act. This settlement is the largest dollar penalty that has...more

ArentFox Schiff

Health Care Providers Should Seriously Consider Claims Under Two Antitrust Class Actions

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Now is the time for health care providers to consider participating in the recent Blue Cross Blue Shield (BCBS) antitrust class action settlement and the newly filed antitrust cases alleging widespread price fixing for...more

White & Case LLP

A Decade of FTC v. Actavis: The Reverse Payment Framework is Older, but Are Courts Wiser in Applying It

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In 2013, the United States Supreme Court significantly changed the landscape of patent settlements in the pharmaceutical industry with its FTC v. Actavis, Inc. decision. In Actavis, the Court held that certain types of...more

Vinson & Elkins LLP

Trump Likely to Shift FTC's Antitrust Stance on Energy Mergers

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The incoming Trump administration suggests a potential return to more traditional levels of antitrust enforcement for energy industry mergers and a departure from novel theories of harm seen under current Federal Trade...more

BCLP

One More for the Road: FTC Files Price Discrimination Suit Against Beverage Company in Final Weeks of Biden Administration

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This month, the Federal Trade Commission (“FTC”) filed its much-anticipated lawsuit against Southern Glazer’s Wine and Spirits, LLC (“Southern Glazer’s”), alleging the alcohol distributor violated the Robinson-Patman Act...more

A&O Shearman

FTC resuscitates long-abandoned price discrimination law in alcohol distributor suit

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In the waning days of the current administration, the antitrust agencies continue to cross items off their holiday wish list. Since the presidential election in November, the antitrust agencies have filed a new merger...more

A&O Shearman

New York Federal Court Denies Defendants’ Motions To Dismiss Sports Streaming Antitrust Suit

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Plaintiff, a U.S.-based streaming service that focuses primarily on delivering live sports streaming, filed the lawsuit in February 2024 to challenge a new sports-only streaming joint venture, Venu, established by Disney,...more

McDermott Will & Emery

FTC Targets Price Discrimination With New Robinson-Patman Act Lawsuit

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On December 12, 2024, following a nearly two-year-long investigation, the Federal Trade Commission (FTC) initiated its first litigation under the Robinson-Patman Act (RPA) in more than two decades. The FTC sued Southern...more

Wilson Sonsini Goodrich & Rosati

Shot, Chaser: FTC Sues Alcohol Supplier Under Controversial Pricing Law, Dissenting Commissioner Offers Detailed Defense

On December 12, 2024, the Federal Trade Commission (FTC) sued Southern Glazer’s Wine and Spirits, LLC (Southern) in the Central District of California for alleged price discrimination, initiating the first federal government...more

Wilson Sonsini Goodrich & Rosati

Latest Ruling Relating to Pricing Software Highlights Antitrust Risks

Another court has allowed antitrust claims to proceed against competitors that use the same revenue management software. The case involves competitors in the real estate industry, but the takeaway is the same for any...more

A&O Shearman

Antitrust in focus - November 2024

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New U.S. merger control filing forms to take effect in February 2025 - Following publication in the Federal Register, the new Hart-Scott-Rodino (HSR) premerger notification forms will become effective on February 10, 2025....more

A&O Shearman

District Court Of Connecticut Largely Denies Generic Drug Manufacturers’ “Unusual” Dismissal Motion Targeting Specific Types Of...

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On November 12, 2024, Judge Michael P. Shea of the United States District Court for the District of Connecticut granted in part and denied in part a joint motion to dismiss submitted by thirty-six defendant drug manufacturers...more

Holland & Knight LLP

FTC Bags Preliminary Injunction in Challenge to "Affordable Luxury" Handbag Merger

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The Federal Trade Commission (FTC) prevailed in the first round of its much-criticized challenge to Tapestry Inc.'s acquisition of Capri Holdings Limited. Tapestry owns the Coach brand, and Capri owns the Michael Kors and...more

MoginRubin LLP

Judge Cuts Unrevealed Slice of FTC’s Amazon Case, But a Lot Remains

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U.S. Judge John H. Chun in Seattle has cut a temporarily undisclosed portion of the Federal Trade Commission’s antitrust suit against Amazon.com Inc., but said an eventual trial would focus solely on Amazon’s liability under...more

A&O Shearman

Antitrust in focus - September 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. James Webber (partner based in London) and Jess Bowring (counsel based in London) are our editors this month. They...more

A&O Shearman

The first move: Hong Kong Competition Commission (HKCC) enforces non-compliance with investigation powers

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For the first time since it was established over a decade ago, the Hong Kong Competition Commission (HKCC) has announced that an individual has been charged for failing to comply with its investigation powers under the...more

Bradley Arant Boult Cummings LLP

Turning the Tables: Kroger Sues the FTC

In February of this year, the Federal Trade Commission (FTC) brought an administrative complaint to block Kroger Company’s $24.6 billion merger with Albertsons Companies, Inc., citing antitrust concerns. On August 19, 2024,...more

MoginRubin LLP

The Evolving Role of “Agreement” in U.S. v. RealPage

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A clear case of horizontal price fixing. Private antitrust plaintiffs are increasingly bringing cases alleging that the use of a common, commercially available pricing algorithm by multiple competitors constitutes price...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

Brownstein Hyatt Farber Schreck

Illinois District Court Issues Important Class Certification Decision in a Section 1 Antitrust Case

On July 22, 2024, Judge Rebecca R. Pallmeyer of the Northern District of Illinois issued a Memorandum Opinion and Order (“Opinion”), ultimately ruling to certify a class of vendors that provide back-end software to many of...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

Bennett Jones LLP

Revamped Competition Act Radically Alters Canadian Competition Law

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In our previous Bennett Jones insight, we described several upcoming (and far-reaching) amendments to the Competition Act (the Act) introduced by the Government of Canada in 2023. The most recent set of amendments came into...more

Jones Day

New SPC Judicial Interpretation in China Widens Path for Private Antitrust Litigation

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The Development: China's Supreme People's Court ("SPC") recently released a Judicial Interpretation of Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases Arising from Monopolistic Conduct...more

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