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Antitrust Provisions Appeals

A&O Shearman

Ninth Circuit Rules In Favor Of Merging Parties In Microsoft/Activision Appeal

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On May 7, 2025, the United States Court of Appeals for the Ninth Circuit affirmed a lower court opinion that denied the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction against Microsoft’s acquisition of...more

Mayer Brown

The Fundamental Importance of Gathering Sufficient Evidence to Carry Out Competition Dawn Raids – Part II

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Article 20 of Regulation N°1/2003 enables the European Commission ("Commission") to inspect undertakings when it suspects potential infringements of competition rules might have occurred. These unannounced inspections (called...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - April 2025 #4

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Jack Nicklaus just scored a $1 million win in a New York court, striking back against his former company’s attempt to control his personal brand....more

Kelley Drye & Warren LLP

Mark Meador Confirmed as Newest Republican FTC Commissioner

...the Senate confirmed Mark Meador as the newest Republican commissioner of the Federal Trade Commission with a 50-46 vote along party lines. Meador’s confirmation solidifies a Republican majority on the Commission,...more

A&O Shearman

Ninth Circuit Upholds Dismissal Of Antitrust Claims Against Amazon Over Fulfillment Services

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On March 20, 2025, the Ninth Circuit Court of Appeals affirmed the district court’s dismissal of consumer Plaintiffs’ Sherman Act claims against Defendant Amazon, Inc. (“Amazon”), with prejudice, for lack of antitrust...more

CDF Labor Law LLP

A No-Go for Employees’ Anti-Trust Claims Based on High-End No-Hire Agreements

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Recently, the United States Court of Appeals for the Second Circuit upheld the dismissal of a class action against defendants Saks Inc., Gucci, Prada, Loro Piana, Brunello Cucinelli and other luxury good manufacturers....more

A&O Shearman

Second Circuit Affirms Dismissal Of Luxury Brands’ No-Poach Suit

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On March 13, 2025, the United States Court of Appeals for the Second Circuit affirmed the dismissal of a putative class action asserting claims under Section 1 of the Sherman Act against a department store chain (the...more

Mayer Brown

Le Patourel v BT – What Can We Learn From the First Trial in a UK Antitrust Class Action?

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On 19 December 2024, the Competition Appeal Tribunal ("CAT") handed down its judgment in the first opt-out class action to proceed through to a full trial under the UK antitrust class action regime1. This stand-alone, opt-out...more

A&O Shearman

Ninth Circuit Affirms District Court’s Rejection Of Private State Law Claims Against Qualcomm

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On February 25, 2025, the Ninth Circuit Court of Appeals affirmed the United States District Court for the Northern District of California’s rejection of unlawful tying, exclusive dealing, and unfair competition claims...more

A&O Shearman

Fourth Circuit Affirms Denial Of Class Certification In Coupon Services Price Fixing Case

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On February 12, 2025, the Fourth Circuit Court of Appeals affirmed the decision of the United States District Court for the Middle District of North Carolina not to grant class certification in a 17-year-old lawsuit accusing...more

Hogan Lovells

Court of Appeal’s decision enables Trucks class action to proceed in the Competition Appeal Tribunal

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In a reasoned order in January 2025, the Court of Appeal refused DAF Trucks permission to appeal against certification in the Trucks collective proceedings, deferring to the discretion of the Competition Appeal Tribunal in...more

A&O Shearman

Northern District Of California Applies Recent Epic v. Apple Precedent To Dismiss Antitrust Suit Before Closing Arguments

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On January 28, 2025, U.S. District Judge Araceli Martínez-Olguín granted judgment as a matter of law for defendant Intuitive Surgical, Inc. (“Intuitive” or “defendant”) on all claims brought by plaintiff, Surgical Instruments...more

A&O Shearman

Tenth Circuit Rejects Surgical Assistants’ Appeal In Surgical Credentials Monopolization Case

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On January 21, 2025, the Tenth Circuit Court of Appeals affirmed the United States District Court for the District of Colorado’s dismissal of the Association of Surgical Assistants’ (ASA) challenge to the National Board of...more

McGlinchey Stafford

SCOTUS: Case Removed on Federal Question Grounds Must Be Remanded if Federal Claim Is Dismissed

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In a seminal opinion, the United States Supreme Court held that a case removed on federal question grounds is properly remanded when the plaintiff amends his or her complaint and dismisses the federal claims. What is the...more

Faegre Drinker Biddle & Reath LLP

FTC Files Opening Brief in Fifth Circuit Appeal Defending Noncompete Rule

Background - In August 2024, the U.S. District Court for the Northern District of Texas issued a summary judgment order holding that the Federal Trade Commission (FTC) rule banning post-employment noncompetes (Noncompete...more

Mintz - Antitrust Viewpoints

Information Sharing in the Trump Administration

As January 20, 2025, approaches, antitrust practitioners and the business communities are searching for clues whether the incoming Trump Administration and its antitrust officials will continue the Biden Administration’s...more

Stinson LLP

Flag After the Play, Ruling on the Field Under Review: $4.8 Billion NFL Sunday Ticket Antitrust Litigation

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In June 2024, a California jury awarded plaintiffs nearly $4.8 billion in an antitrust class action against the National Football League (NFL) and DirecTV. In the case, In re National Football League's "Sunday Ticket"...more

Proskauer - Minding Your Business

For All Intents and Purposes the Ninth Circuit Shakes Up Antitrust Law With Sidibe v. Sutter Decision

The June 4, 2024 Ninth Circuit Court of Appeals decision in Sidibe v. Sutter Health marks a potential shift in how rule of reason antitrust cases are approached and adjudicated. The opinion underscores the significance of...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVS Pharmacy Inc. v. Forest Laboratories Inc. (2d Cir. 2024)

In a decision characterized (somewhat remarkably) by the Circuit Court as being one of first impression, the Second Circuit affirmed dismissal with prejudice of an antitrust allegation by a class of plaintiffs* against Forest...more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - January 2024

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Illumina Agrees to Unwind Acquisition of Grail Following Fifth Circuit Decision.  On December 15, 2023, the Fifth Circuit vacated the FTC’s order that Illumina unwind its acquisition of Grail—a developer of a multi-cancer...more

Proskauer Rose LLP

Three Point Shot - September 2023

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue,...more

Proskauer - Minding Your Business

Game On! Microsoft and Activision Deal is One Step Closer to Actual Reality

On January 18, 2022, Microsoft’s acquisition of Activision, one of the world’s most-valuable gaming companies, was announced. In April 2023, the United Kingdom’s Competition and Markets Authority (CMA) blocked the deal on...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q1 2023

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Department of Justice Withdraws Long-Standing Antitrust Healthcare Policy Statements - On February 2, 2023, the Antitrust Division of the US Department of Justice (DOJ) announced the withdrawal of its support for three...more

Proskauer Rose LLP

The Potential Antitrust Impact Of High Court Section 230 Case

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Section 230 of the Communications Decency Act was originally thought of as "force for securing decency on the Internet," as the late Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit explained in a...more

BakerHostetler

Against the Odds: Did a Court of Appeals Just Grant Independent Contractors the Right to Strike and Organize?

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On June 4, 1923, jockey Frank Hayes rode 20-1 long shot Sweet Kiss to victory at Belmont Park. While that seems impressive, what made the win even more memorable is that at some point during the race, poor Frank died....more

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