Unlawful tying occurs when an entity with market power in one product (the “tying” product) agrees to sell that product but only on the condition that the buyer also agrees to buy a second product (the “tied” product), or at...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
Unlawful tying involves an agreement between a buyer and a seller whereby the seller conditions the sale of a good or service in one market (the “tying” product) upon the buyer’s agreement to buy a second good or service (the...more
Talone settlement highlights the continuing risk nonprofit organizations face if they link membership to credentialing. - Antitrust class action targeted American Osteopathic Association’s practice of requiring physicians...more
On July 18, 2018, the European Commission (Commission) imposed a fine on Google LLC for the alleged abuse of a dominant market position pertaining to Android mobile devices. Google and its parent company, Alphabet Inc....more
Antitrust merger enforcement historically has focused on horizontal mergers — consolidation of two firms that compete directly in the same space. This is especially true in the U.S., where antitrust authorities have...more
Residents of a small Nashville suburb, Thompson’s Station, were given a second opportunity to litigate their antitrust actions against local developer Carbine & Associates, LLC (“Carbine”), Crystal Clear Communications...more
On June 12, 2017, the U.S. District Court for the District of New Jersey denied a motion to dismiss a class action against the American Osteopathic Association (AOA) in Talone v. American Osteopathic Association (No....more
A New Jersey district court recently denied a motion to dismiss in an antitrust class action alleging that a physician association illegally tied board certification to association membership in violation of Section 1 of the...more
Tying is a chameleon in antitrust law. Courts can condemn tying arrangements as either per se violations or as unlawful under the rule of reason. For a per se tying violation, plaintiff must show that the defendant had...more
We reported earlier today that the jury began deliberations this past Monday in the antitrust class action lawsuit against Cox Communications brought by its premium services subscribers. ...more