Fierce Competition Podcast | Private Equity Under the Antitrust Microscope
The Latest on Antitrust Compliance
Six Simple Steps to Avoid Sanctions for Failure to Preserve Electronic Evidence - I’m not a lawyer, and far be it for me to give legal advice, but I’ve lived and worked around lawyers for all of my professional legal career,...more
I was not alone in noting the significance of the D.C. district court's decision earlier this month to hold Google liable for monopolization of the general search market and the search text advertising market in United...more
On August 1, 2024, following five years of litigation, Tevra’s antitrust suit against Bayer Healthcare LLC came to an end. Tevra, a manufacturer of generic version topical flea and tick medications, alleged that Bayer engaged...more
Following a nine-week bench trial starting in September 2023 and closing arguments in May 2024, District of Columbia district court judge Amit Mehta ruled on August 5, 2024, that Google illegally maintained its monopoly in...more
This week’s decision in United States v. Google represents a significant victory for the Department of Justice’s Antitrust Division and various state attorneys general, which successfully argued that Google has exercised...more
On 13 May, a federal district court judge dismissed the Federal Trade Commission’s (FTC) antitrust case against private equity firm Welsh, Carson, Anderson & Stowe and affiliated entities (Welsh Carson). This matter has been...more
The FTC, U.S. DOJ, and HHS have launched an online portal for the public to report potentially unfair and anticompetitive health care practices to the FTC and the Antitrust Division of the DOJ....more
At the end of September, the Federal Trade Commission sued a private equity firm, Welsh, Carson, Anderson & Stowe, and U.S. Anesthesia Partners, Inc. (USAP), an anesthesia service provider in Texas, alleging that USAP and...more
On September 26, 2023, the Federal Trade Commission (FTC) and 17 state attorneys general filed a complaint in the U.S. District Court for the Western District of Washington against Amazon.com, Inc. under Section 5 of the FTC...more
The Federal Trade Commission (FTC) on Sept. 21, 2023, sued a private equity firm in the U.S. District Court for the Southern District of Texas over an alleged decade-long "roll-up" strategy to consolidate anesthesiology...more
Yesterday, the Federal Trade Commission (“FTC”) filed suit in federal district court alleging that U.S. Anesthesia Partners, Inc. (“USAP”), and the private equity firm Welsh, Carson, Anderson & Stowe (“Welsh Carson”), which...more
The FTC settled with Surescripts, LLC to resolve allegations that the health information technology company violated the FTC Act by engaging in anticompetitive, monopolistic conduct....more
Yesterday, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (the “Agencies”) jointly issued a draft update of their Merger Guidelines intended to describe and guide the Agencies’ review of...more
In perhaps the first case addressing transfer of a federal antitrust action to an MDL court, Judge Leonie Brinkema of the Alexandria Division of the EDVA recently denied a motion to transfer an antitrust action against Google...more
On Tuesday June 6, 2023, the PGA Tour, DP World Tour, and the Public Investment Fund (PIF) announced an agreement to combine PIF’s golf-related commercial businesses and rights (including LIV Golf) with the commercial...more
In August, we wrote about whether antitrust liability might be in the PGA Tour’s future through a reported DOJ Antitrust Division investigation about the PGA Tour’s actions relating to LIV Golf and about PGA Tour bylaws...more
In Short - The Development: China's Supreme People's Court recently ruled for the plaintiff in Miao Chong v. SAIC-GM, which marked a rare triumph for a plaintiff in antitrust litigation as a follow-on to an administrative...more
New York Attorney General Enters into Settlement Prohibiting “No-Poach” Pacts in Title Insurance Industry - New York Attorney General Letitia James recently entered into a settlement agreement with a national insurance...more
There have been several developments since we last wrote about Intel and Apple’s suit against Fortress and several of its so-called “patent assertion entities” (collectively, “Fortress”) based on the allegedly anticompetitive...more
Corporate acquirers accustomed to government inertia in antitrust reform are navigating a sea change in Washington, according to Craig Seebald, a Washington, D.C.-based Partner and leader in the global Antitrust Group at...more
The Federal Trade Commission (FTC) has revised and refiled its complaint against Facebook, once again asserting Facebook throttled competition in the market for “personal social networking services.” The revised complaint...more
The FTC reached a settlement with semiconductor chip manufacturer Broadcom Inc. to resolve allegations that it illegally monopolized several markets for specific types of chips...more
2021 has been a busy year for antitrust legislation. On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced the Competition and Antitrust Law Enforcement Act of 2021 (“Klobuchar Bill”)....more
Hard on the heels of the muckle of anti-trust filings against the huge U.S. technology companies in the past few months, the United States Senate indicates that clamping down on Big Tech will be a priority for the new...more
Tim Wu, the bard of big tech, has written multiple books about the rise and coming fall of technology monopolies, oligopolies, and empires. In The Master Switch, Wu tells the story of how, in the 19th Century, the existing...more