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The Latest on Antitrust Compliance
The Department of Justice’s scrutiny of egg pricing has blown up into one of the most aggressive federal antitrust initiatives in the agricultural sector in decades....more
Following the 2022 amendments to China's Anti-Monopoly Law ("AML") that authorized general safe harbor thresholds for vertical agreements, the State Administration for Market Regulation ("SAMR") has now issued amended...more
The Competition Bureau (Bureau) has released for consultation draft Merger Enforcement Guidelines (draft MEGs), updating its last comprehensive merger guidelines issued in 2011 (2011 MEGs). The draft MEGs seek to describe the...more
When competition law enforcers in Washington, London, and Brussels talk about “lock‑in” agreements, they are describing the quiet power of contracts and licensing terms that can tilt a market. In cloud computing, that tilt...more
This monthly report outlines key developments in China’s antitrust sector for December. The following events merit special attention: On 15 November 2025, SAMR released the Draft Antitrust Compliance Guidelines for Internet...more
Earlier this month, Kelley Drye’s State AG team was in attendance for the National Association of Attorneys General 2025 Capital Forum – technically the last “Capital Forum” to take place in December in D.C., but certainly...more
The European Commission’s investigation into SAP’s practices in the aftermarket for maintenance and support services related to its on-premises Enterprise Resource Planning (“ERP”) software is in its final stages....more
A Ninth Circuit panel largely upheld a lower court’s decision in Epic v. Apple, while also holding that the lower court’s total bans on commissions for linked-out purchases and restrictions on the appearance of purchase links...more
To ensure its ability to collect a commission, Apple’s rules have historically prohibited app developers from including links that would facilitate customers leaving the app to make a purchase elsewhere. This practice was...more
The NCAA’s five-year eligibility rule continues to face sustained antitrust scrutiny. The most recent challenge has been raised in the Southern District of Iowa by Cuban-born Division I wrestler Reineri Andreu Ortega in the...more
The White House has directed the U.S. Department of Justice (DOJ) to investigate whether the meatpacking industry has engaged in anticompetitive collusion....more
On November 17, 2025, Judge Jesse Furman of the Southern District of New York granted defendants’ motion to dismiss Sherman Act claims relating to alleged exclusionary and monopolistic conduct in the elite swimming events and...more
Tentative Recommendation Would Revise California’s Cartwright Act To Adopt Single-Firm Conduct Prohibitions Substantially Broader Than Federal Antitrust Law and Prohibit Single-Firm Restraints of Trade...more
Suppliers and sellers doing business in California that rely on pricing algorithms or shared pricing tools should review price-setting processes in light of a significant update to California’s state antitrust law....more
On December 6, 2025, President Trump issued an Executive Order directing a sweeping federal inquiry into alleged price-fixing and other anticompetitive conduct across the U.S. food supply chain. The Order is framed explicitly...more
The French Competition Authority (“FCA”) has just published two particularly interesting decisions...more
OVERVIEW - Recent activities undertaken by the Trump Administration suggest that it plans to more closely scrutinize the US food supply chain. For example, as we noted in our September 2025 Legal Update, in May 2025, the...more
Companies face new strategic risks as regulators scrutinize business intelligence practices for unintended collusion....more
Author says AI companies are consolidating power at unprecedented levels, monopolizing talent, shaping regulatory frameworks, and cozying up to defense contractors....more
Establishes Food Supply Chain Security Task Forces at the Department of Justice (DOJ) and the Federal Trade Commission (FTC) to investigate anti-competitive behavior across U.S. food-related industries, including meat...more
The Federal Trade Commission has finalized a consent order resolving antitrust concerns raised by Alimentation Couche-Tard Inc.’s (ACT) $1.57 billion acquisition of 270 retail fuel outlets from Giant Eagle, Inc., which...more
Swimmers suing World Aquatics over alleged antitrust violations say the objection to an additional $1.16 million in attorney fees is “absurd,” arguing the international governing body knows payment would come from a fund...more
Le 13 novembre 2025, le Bureau de la concurrence (le « Bureau ») a publié aux fins de consultation ses propositions de Lignes directrices pour l’application de la loi en matière de fusions (les « propositions de lignes...more
On November 18, 2025, the United States District Court for the District of Columbia entered judgment for Meta Platforms, Inc. (“Meta”), denying the Federal Trade Commission’s (“FTC”) request for a permanent injunction,...more
On November 18, 2025, Chief Judge James Boasberg of the United States District Court for the District of Columbia concluded that the Federal Trade Commission (FTC) had failed to prove that Meta unlawfully monopolized the...more