News & Analysis as of

Sherman Act Conspiracies Antitrust Violations

Brownstein Hyatt Farber Schreck

Nevada Federal Court Denies Antitrust Conspiracy Based on Use of a Pricing Algorithm

In what will be one of the most important decisions in antitrust since the proliferation of algorithm software, on May 8, 2024, Chief Judge Miranda Du of the United States District Court, District of Nevada, granted the hotel...more

Stevens & Lee

U.S. Anesthesia Partners and Welsh Carson File Motions to Dismiss FTC Antitrust Case

Stevens & Lee on

As reported in a prior blog post, the Federal Trade Commission (“FTC”) filed suit in federal district court in September alleging that U.S. Anesthesia Partners, Inc. (“USAP”), and the private equity firm Welsh, Carson,...more

Constangy, Brooks, Smith & Prophete, LLP

Antitrust for HR professionals

Maybe don’t get a drink with your competitor. These are not easy times to be in human resources. Attracting, recruiting, and retaining talented employees is as challenging as ever. As I have previously written, wages are...more

Vinson & Elkins LLP

DOJ Indicts Another Enterprise for a Monopolization Offense

Vinson & Elkins LLP on

Just days after securing its first Section 2 conviction in over 40 years in United States v. Zito on October 31, 2022,1 the U.S. Department of Justice (“DOJ”) again wielded its once-neglected ability to criminally enforce...more

Foley & Lardner LLP

The Long Arm of American Enforcement: How Companies Without U.S. Operations Can Still Find Themselves Facing U.S. Law and...

Foley & Lardner LLP on

...Think your company and its employees are beyond the reach of U.S. authorities? Maybe you don’t have U.S. operations there, or your company isn’t publicly traded on a U.S. stock exchange. Perhaps you don’t directly sell or...more

Epstein Becker & Green

Conspiracies and Trade Associations

Epstein Becker & Green on

Section 1 of the Sherman Act prohibits any “contract, combination ... or conspiracy, in restraint of trade or commerce.” As a result, in order to establish a viable claim under this section, there must be factual evidence of...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Affirms Dismissal of Challenge to Alleged Horizontal Adoption of Minimum Advertised Prices

In what has been described as the latest opinion on the use of hub and spoke theories to allege conspiracies in violation of Section 1 of the Sherman Act, the plaintiffs took the position that the viability of their claims...more

Patterson Belknap Webb & Tyler LLP

Ninth Circuit Clarifies Analysis of Alleged Hub-and-Spoke Conspiracies Under the Sherman Act

Yesterday, the Ninth Circuit issued an opinion affirming the dismissal of plaintiffs’ consolidated complaint in In re Musical Instruments and Equipment Antitrust Litigation. In addressing plaintiffs’ allegations of a...more

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