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Latest Collusion-by-Algorithm Ruling Offers More of Same, but a Significant New Twist

Starting in October 2022, companies that use software to assist in setting prices for their products have faced an avalanche of litigation claiming that the common use by competitors of the same pricing software inflates...more

Gibson Decision Hands Atlantic City Casino-Hotels Dismissal of Price-Fixing Claims

As Holland & Knight's Antitrust Team previously reported, the U.S. District Court for the District of Nevada in May 2024 dismissed with prejudice a putative class action alleging that a handful of Las Vegas hotel operators...more

DOJ Introduces New Twist in Algorithmic Collusion Cases

It has been almost two years since private plaintiffs initiated the first antitrust class action cases against RealPage and owners and managers of multifamily apartment buildings, alleging collusion by algorithm in the use of...more

Orange Book Concerns Pick Up as Yet Another Issue for Pharmaceutical Manufacturers

Pharmaceutical manufacturers are increasingly finding themselves defending decisions to list in the U.S. Food and Drug Administration's (FDA) Orange Book patents that they assert are associated with their products. The...more

Algorithmic Price-Fixing Claims Terminated

A Nevada federal court on May 8, 2024, dismissed with prejudice a putative class action alleging that a handful of Las Vegas hotel operators and a software provider broke antitrust laws by licensing and using a software...more

DOJ "Triples Down" on View that Use of Pricing Algorithms Can Support Price-Fixing Claims

The Antitrust Division of the U.S. Department of Justice (DOJ) on March 28, 2024, weighed in for the third time in recent months in support of plaintiffs in class action lawsuits challenging the defendants' use of software to...more

State Action Immunity Trumps Federal Pre-Merger Notification Requirements

The U.S. District Court for the Eastern District of Louisiana on Sept. 27, 2023, granted summary judgment against the Federal Trade Commission (FTC) in its challenge to the acquisition of three hospitals in Louisiana pursuant...more

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

Third Circuit Considering Federal Court Damages Immunity for Ocean Shipping Companies

The Shipping Act of 1984 grants limited immunity under the antitrust laws to vessel-operating common carriers that enter certain agreements, including price-fixing agreements, so long as the agreements are filed in advance...more

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