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Antitrust Litigation Antitrust Provisions Settlement

McCarter & English, LLP

Merger Remedies Are Back on the Menu

The Trump administration’s recently announced settlements resolving the antitrust concerns in transactions mark a shift from the previous administration’s hostile rhetoric against settlements and remedies in merger cases. As...more

Cadwalader, Wickersham & Taft LLP

The Robinson-Patman Act: Public Enforcement Rejoins the Private Bar

Building upon developing momentum in the courts and among commentators, government enforcers and the private bar have seen recent successes in litigation involving the Robinson-Patman Act (RPA). The FTC in April notched a win...more

Venable LLP

Zeigler v. NCAA: Court Denies Zakai Zeigler's Motion for Preliminary Injunction in Antitrust Fight Over NCAA's Four-Seasons Rule

Venable LLP on

On June 12, 2025, the United States District Court for the Eastern District of Tennessee denied Zeigler's request for a preliminary injunction, where he sought to immediately suspend the NCAA's Four-Seasons Rule to make him...more

Patterson Belknap Webb & Tyler LLP

Update: FTC Drops In-House Challenge of Microsoft’s Activision Acquisition After Ninth Circuit Affirms Denial of Preliminary...

After years of litigating its attempt to block Microsoft’s $68.7 billion acquisition of Activision, the Federal Trade Commission (“FTC”) recently dropped its in-house challenge following the Ninth Circuit’s decision affirming...more

Vedder Price

FTC Chair Issues Statement on Merger Remedies

Vedder Price on

In an eight-page Statement joined by the two other sitting Commissioners, FTC Chair Andrew Ferguson on May 30, 2025 explained his reasoning for accepting a divestiture remedy proposed by Synopsis, Inc. and Ansys, Inc. to...more

Troutman Pepper Locke

What Does the New Administration's First Antitrust Merger Settlement Tell Us?

Troutman Pepper Locke on

The Federal Trade Commission (FTC) has agreed to accept the new administration's first settlement of a merger-enforcement challenge. The settlement includes the divestiture of three businesses and will allow Synopsys, Inc. to...more

Axinn, Veltrop & Harkrider LLP

The Fate of the “Last Gasp” of the Biden FTC: Will Its Legacy Survive the Trump Administration?

In the days leading up to President Trump’s inauguration, the Biden FTC rushed to initiate major lawsuits and to tie a bow on various antitrust policy efforts. In a series of dissenting statements, the minority Republican...more

Goodwin

REMICADE Antitrust Settlement Receives Final Approval

Goodwin on

In 2017, three indirect-purchaser antitrust class actions were filed against Johnson & Johnson and Janssen Biotech, Inc., alleging that they engaged in anticompetitive conduct relating to the sale and marketing of J&J’s...more

Epstein Becker & Green

Independent Physician Association Enforcement Not Forgotten

Epstein Becker & Green on

On September 30, 2022, the Federal Trade Commission (FTC) obtained civil monetary penalties in the amount of $263,000 from San Juan IPA, Inc. (“San Juan”), an independent physician association operating in northwestern New...more

BakerHostetler

$62 Million Is Something to Write Home About - the Opendoor Case

BakerHostetler on

A recent Federal Trade Commission (FTC) lawsuit and settlement with Opendoor Labs Inc. (Opendoor) is a must-read even if you are not in the real estate business. But if you don’t want to actually read it, we’ve got you...more

Latham & Watkins LLP

Federal Judge Affirms Enforceability of Judgment Sharing Provisions in Antitrust Cases

Latham & Watkins LLP on

A recent district court order finds that JSAs can serve a legitimate purpose of controlling parties’ exposure and preventing coercive settlements. Antitrust conspiracy claims pose significant monetary risks, including...more

Patterson Belknap Webb & Tyler LLP

Reverse Payments, Actavis, and the Lower Courts at Sea, Part 2: The Brewing Conflict Over Non-Cash Settlements

Our first post in this series was titled “What Is a Reverse Payment?” As the recent cases discussed in today’s post show, the courts are struggling with a fundamental component of that question: What, for that matter, is a...more

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