Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more
6/14/2024
/ Algorithms ,
Analytics ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Corporate Counsel ,
Data Reporting ,
Department of Justice (DOJ) ,
Dismissal With Prejudice ,
Federal Trade Commission (FTC) ,
Popular ,
Pricing ,
Sherman Act ,
Software ,
State Attorneys General ,
Statutory Violations
In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more
10/4/2023
/ Antitrust Litigation ,
Antitrust Provisions ,
Class Action ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Fast-Food Industry ,
Former Employee ,
Franchise Agreements ,
Hiring & Firing ,
Judgment on the Pleadings ,
McDonalds ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Restrictive Covenants ,
Sherman Act ,
Statutory Violations
Recently, the Federal Trade Commission (FTC) has focused on the potential harm that loyalty discounts and bundled prices could cause to competitors and their access to customers. A vendor offers a bundled discount when it...more
On August 28, the U.S. Court of Appeals for the Third Circuit denied Winn-Dixie’s appeal for a new trial in its lawsuit against the Eastern Mushroom Marketing Cooperative (EMMC). The supermarket chain alleged that EMMC, its...more
With the end of summer and fall right around the corner, the U.S. Department of Justice (DOJ), Antitrust Division is gearing up for several crucial displays of its criminal enforcement priorities across multiple...more
9/13/2023
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Bid Rigging ,
Corporate Counsel ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Government Investigations ,
Monopolization ,
Price-Fixing ,
Sherman Act ,
White Collar Crimes
The Department of Justice (DOJ) Antitrust Division recently suffered another setback in its most recent effort to secure criminal convictions for labor-side violations of Section 1 of the Sherman Act. In perhaps the DOJ’s...more
On April 3, the Department of Justice's Antitrust Division (DOJ) filed a complaint against and settlement with Activision Blizzard, Inc. (Activision), alleging the company violated Section 1 of the Sherman Act....more
4/10/2023
/ Activision ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Contract Drafting ,
Department of Justice (DOJ) ,
Enforcement Actions ,
eSports ,
Final Judgment ,
Salary Caps ,
Sherman Act ,
Tax Liability ,
Video Games ,
Wage Withholding
The Department of Justice (DOJ) Antitrust Division recently suffered another setback in its most recent effort to secure criminal convictions for labor-side violations of Section 1 of the Sherman Act. Having finally secured a...more
The Biden administration’s Department of Justice (DOJ) Antitrust Division recently secured its first criminal conviction for a labor-side violation of Section 1 of the Sherman Act after VDA OC LLC (VDA) entered a guilty plea....more
On Tuesday, December 6, the U.S. Department of Justice (DOJ), Antitrust Division, announced the unsealing of criminal charges against 12 individuals in the Southern District of Texas as part of an 11-year price fixing and...more
On November 10, the Federal Trade Commission (FTC) issued a “Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act” (Policy Statement). The Policy Statement...more
In early September, the Eleventh Circuit reversed the district court’s judgment for defendants Burger King Corporation, Burger King Worldwide, Inc., and their ultimate parent Restaurant Brands International, Inc....more
9/26/2022
/ Antitrust Division ,
Antitrust Violations ,
Burger King ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Franchisee ,
Franchises ,
Franchisors ,
No-Poaching ,
Sherman Act
Antitrust in labor markets remains a “hot topic” for government, business, and labor. The antitrust enforcement agencies, consistent with the Biden administration’s “Executive Order on Promoting Competition in the American...more
The Biden administration's Department of Justice, Antitrust Division (DOJ) continues a practice largely begun under the Trump administration of intervening in private litigation and requesting permission to file statements of...more
Many recent no-poach agreement antitrust claims have risen within the franchise context, where the alleged agreement was plainly described in the operative franchise agreements. In those cases, the parties fought over what...more
The Antitrust Division of the U.S. Department of Justice (DOJ) and several state attorneys general are challenging the American Airlines Group, Inc. (American) collaboration with competitor JetBlue Airways Corp. (JetBlue)....more
Introduction -
On August 10, the Sixth Circuit issued its opinion in St. Luke's Hospital et al. v. ProMedica Health System, Inc., reversing an unusual preliminary injunction under Section 2 of the Sherman Act that ordered...more
On June 28, while both congressional bodies continue to introduce and consider numerous legislative proposals to “reform” and amend the existing legal analytical framework, the U.S. District Court for the District of Columbia...more
Last week the Federal Trade Commission (FTC or Commission) held its first open Commission meeting in over 20 years. Chair Lina Khan led the meeting and promised future open meetings of the Commission on a “regular” basis....more
The Second Circuit’s decision highlights that, whenever there are groups of plaintiffs that will obtain different categories of relief as a part of a settlement, both plaintiffs and defense counsel should seriously consider...more
11/9/2016
/ Anti-Competitive ,
Banking Sector ,
Banks ,
Class Action ,
Credit Cards ,
Due Process ,
FRCP 23(b)(2) ,
FRCP 23(b)(3) ,
Interchange Fees ,
MasterCard ,
Merchants ,
Settlement ,
Sherman Act ,
Visa Inc
Although the brief FTC statement is beneficial, the sweeping language contained in the policy statement gives little practical guidance to the business community.
On August 13, the Federal Trade Commission (FTC) issued...more
The Foreign Trade Antitrust Improvements Act (FTAIA), 15 U.S.C. § 6a, was enacted to provide greater clarity on the Sherman Antitrust Act’s reach. However, the FTAIA continues to muddy the waters. In a recent decision from...more
After a three-week bench trial, the court has ruled that Apple violated Section 1 of the Sherman Act....more
On February 25, 2013, Eaton Corporation (Eaton) filed a petition for certiorari to the United States Supreme Court seeking to reverse a jury verdict finding Eaton liable for illegal monopolization. In late 1999/early 2000,...more