News & Analysis as of

Sherman Act

Goodwin

Antitrust and Competition Life Sciences Year in Review 2024

Goodwin on

The last year (and particularly the last few months) of the Biden Administration brought a flurry of activity from the Federal Trade Commission (FTC) in the life sciences space, continuing a yearslong pattern of close...more

Troutman Pepper Locke

Latest NCAA Settlement Directly Targets NIL-Recruiting Ban

Troutman Pepper Locke on

On January 31, the attorney general (AG) for the state of Tennessee and the attorney general for the Commonwealth of Virginia announced that they had reached an agreement in principle with the National Collegiate Athletics...more

Cohen & Gresser LLP

Mandatory vs. Suggested Pricing: Algorithmic Price Setting and the Sherman Act

Cohen & Gresser LLP on

In January, as the Biden Administration drew to a close, the U.S. Department of Justice (“DOJ”) and eight state attorneys general amended their antitrust lawsuit against software maker RealPage, Inc. (“RealPage”). The lawsuit...more

Troutman Pepper Locke

Cardiology Monopolization Case Confirms Antitrust Laws Protect Competition, Not Competitors

Troutman Pepper Locke on

Confirming the bedrock principle that the antitrust laws are designed to protect competition and not individual competitors, a federal court put an end to a legal turf war over the cardiology market in Laredo, TX on January...more

Ballard Spahr LLP

Antitrust Enforcement in the Procurement Space During the Second Trump Administration

Ballard Spahr LLP on

Although the scope of federal antitrust enforcement under the second Trump administration remains uncertain, the Procurement Collusion Strike Force (PCSF) is expected to remain active. The PCSF, which was started by the first...more

MoginRubin LLP

A Safe Bet: FanDuel and DraftKings Are Stifling Competition

MoginRubin LLP on

Senators urge investigation of companies that share 80% of the online gambling market. In the lead-up to Super Bowl LIX fans were busily restocking their stores of face-paint, sharing recipes, and locking down their daily...more

A&O Shearman

Northern District Of California Applies Recent Epic v. Apple Precedent To Dismiss Antitrust Suit Before Closing Arguments

A&O Shearman on

On January 28, 2025, U.S. District Judge Araceli Martínez-Olguín granted judgment as a matter of law for defendant Intuitive Surgical, Inc. (“Intuitive” or “defendant”) on all claims brought by plaintiff, Surgical Instruments...more

MoginRubin LLP

Judge Rejects Google’s Motion to Dismiss States’ Advertising Antitrust Case

MoginRubin LLP on

A suit brought by state attorneys general accusing Google of overseeing a broad scheme of anticompetitive conduct in digital display advertising markets will continue following a Jan. 28, 2025, ruling from the Eastern...more

Cozen O'Connor

NCAA Agrees to Stop Imposing Name, Image, & Likeness Restrictions

Cozen O'Connor on

A bipartisan coalition of 5 AGs reached a settlement with the National Collegiate Athletic Association (NCAA) to resolve allegations that the organization’s restrictions on future student-athletes’ ability to commercially use...more

A&O Shearman

Tenth Circuit Rejects Surgical Assistants’ Appeal In Surgical Credentials Monopolization Case

A&O Shearman on

On January 21, 2025, the Tenth Circuit Court of Appeals affirmed the United States District Court for the District of Colorado’s dismissal of the Association of Surgical Assistants’ (ASA) challenge to the National Board of...more

Haug Partners LLP

Bayer “Fleas” New Antitrust Trial – Jury’s Rejection of Flea and Tick Medication Market Upheld

Haug Partners LLP on

On January 21, a Northern District of California Court denied Plaintiff Tevra Brands LLC’s (“Tevra’s”) Motion for a New Trial, after a Jury found that Defendant Bayer Healthcare LLC (“Bayer”) did not monopolize the relevant...more

A&O Shearman

Illinois District Court Dismisses Antitrust Case Alleging Monopolization Of Transportation Services For Canadian Crude Oil In...

A&O Shearman on

On January 13, 2025, the United States District Court for the Northern District of Illinois granted defendant’s motion to dismiss plaintiff’s claim that it monopolized the market for “Canadian crude oil transportation...more

Wilson Sonsini Goodrich & Rosati

2025 Year in Preview: Pending Decisions at the U.S. Antitrust Agencies

President Trump has chosen Gail Slater to lead the U.S. Department of Justice (DOJ) Antitrust Division and elevated Commissioner Andrew Ferguson to chair the U.S. Federal Trade Commission (FTC). In this second installment of...more

Venable LLP

From Junior College to the Sherman Act: How One Vanderbilt Quarterback May Have Changed the NCAA Forever

Venable LLP on

On December 18, the National Collegiate Athletic Association (NCAA) once again found itself on the losing end of a federal court opinion that could alter the landscape of collegiate athletics....more

MoginRubin LLP

Biden Antitrust Teams' Reminders for Employers. Will Trump 2.0 Care?

MoginRubin LLP on

In the closing days of the Biden administration, antitrust law enforcers issued cautions to employers about conduct that could draw criminal charges against them. One is the use of restrictive non-disclosure agreements that...more

A&O Shearman

NBA Legend’s Monopolization Challenge Against NASCAR To Proceed

A&O Shearman on

On January 10, 2025, Judge Kenneth D. Bell of the United States Court for the Western District of North Carolina denied NASCAR’s motion to dismiss stock car racing team 23XI Racing’s (“plaintiff”) monopolization case against...more

Axinn, Veltrop & Harkrider LLP

FTC and State AGs File “Right to Repair” Lawsuit Against Deere & Co.

Last week, the FTC and the Illinois and Minnesota Attorneys General brought suit against Deere & Company (Deere) challenging allegedly unfair equipment repair restrictions, which they claim resulted in higher equipment repair...more

Poyner Spruill LLP

Judge Rules NCAA Bylaw on Eligibility Likely Violates the Sherman Antitrust Act

Poyner Spruill LLP on

Athletic departments at NCAA member institutions must now consider whether their student-athletes who transferred from non-NCAA schools are eligible to play another season of college sports....more

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

Seyfarth Shaw LLP

FTC Workshop Targets Digital Marketplaces for Potential Predatory Pricing Claims

Seyfarth Shaw LLP on

During a recent virtual workshop hosted by the Federal Trade Commission (FTC), academics, trade association representatives, and two FTC commissioners advocated for change in the application of Section 2 of the Sherman Act to...more

Snell & Wilmer

FTC Imposes Rarely Seen “Gun-Jumping” Penalty to the Tune of $5.6 Million

Snell & Wilmer on

The Federal Trade Commission (FTC) rang in the new year this week by announcing that three crude oil producers had agreed to pay a $5.6 million fine to settle claims that they engaged in unlawful “gun-jumping” by prematurely...more

Seyfarth Shaw LLP

Record “Gun-Jumping” Fine Serves As Cautionary Tale For Need To Avoid Unlawful Premerger Coordination

Seyfarth Shaw LLP on

On January 7, 2025, the Federal Trade Commission (FTC) announced a settlement with three crude oil producers in which those companies will pay a $5.6 million fine to resolve claims they engaged in unlawful premerger...more

Snell & Wilmer

The NCAA’s Continued Antitrust Battles

Snell & Wilmer on

It’s bowl season, but that won’t stop Vanderbilt quarterback Diego Pavia from celebrating his own personal victories. On December 18, 2024, Judge William L. Campbell entered an Order granting Pavia’s Motion for Preliminary...more

A&O Shearman

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

A&O Shearman on

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

Hogan Lovells

Federal judge in Washington applies per se treatment for algorithmic price-fixing claims

Hogan Lovells on

In an update to our prior report on the evolving antitrust landscape for algorithmic pricing, a federal judge in Washington recently denied a motion to dismiss claims that a group of multifamily rental property managers...more

1,137 Results
 / 
View per page
Page: of 46

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide