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The Justice Department has a long and rich history of targeting dominant companies using antitrust monopolization tools — looking back to the 1980s, it was AT&T; in the 1990s, it was Microsoft; and in 2023, DOJ has brought a...more
On March 21, 2024, the U.S. Department of Justice (DOJ) and the attorneys general for 15 states and the District of Columbia filed a complaint against Apple in the District of New Jersey. The complaint alleges that Apple...more
Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •DOJ and State AGs Attempt to Take a Bite Out of Apple - ...more
A bipartisan coalition of 16 AGs and the DOJ filed a lawsuit against Apple, Inc. for alleged monopolization of the smartphone market in violation of the Sherman Act and certain states’ antitrust laws....more
A jury in the Northern District of California in Epic Games, Inc. v. Google LLP found that Google maintained an unlawful monopoly of the Google Play app store and Google Play Billing service in violation of Sections 1 and 2...more
California AG Rob Bonta submitted an amicus brief to the Ninth Circuit Court of Appeals in the case of Epic Games, Inc. v. Apple, Inc., that did not support either party but called for a broad and flexible interpretation of...more
The State AG Report – 2.3.2022 Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US:... ...more
A bipartisan group of 35 AGs, led by Utah AG Sean Reyes, filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in Epic Games, Inc. v Apple, Inc., Nos. 21-16506 & 21-16695, in support of Epic’s position that...more
A recent decision from Judge Edward M. Chen in the United States District Court for the Northern District of California focuses on the sufficiency of allegations of market definition to state a claim for federal antitrust...more
The U.S. antitrust laws are slow to keep up with technical innovation and changing marketplaces. Nowhere is that more evident than in the tech sector, where companies and other players in the market do not fit neatly into...more
A New York federal bankruptcy judge provisionally approved an opioid settlement plan on Wednesday that will dissolve Purdue Pharma and require members of the Sackler family (which owns Purdue) to “turn over billions of their...more
Columbia University Law Professor Tim Wu has written profoundly and persuasively for decades about anti-competitive behavior in the U.S. tech industry - from Western Union’s telegraph monopoly in the 1860s forward toward the...more
The Fed’s Open Markets Committee meeting wrapped on Wednesday, and in remarks following the meeting, Fed Chair Powell called the case for fiscal policy right now “very, very strong,”—a not-so-subtle nudge to Congress to act...more
Fortnite game maker Epic Games brings dispute with Apple to Australia, alleging "misuse of market power." Epic Games, developer of the popular game Fortnite, filed proceedings in the Federal Court of Australia alleging...more
Attorney General William P. Barr Announces Publication of Cryptocurrency Enforcement Framework - "The Framework provides a comprehensive overview of the emerging threats and enforcement challenges associated with the...more
Here’s a fun little exercise. Pull up a chart of Tuesday's market activity, and see if you can pinpoint the exact moment the White House announced to the world that it was pulling support for another Covid stimulus bill...more
Qualcomm has for years dominated the market for cellphone chips. Its patented technologies have been included in many cellphone standards on the condition, common among standards setting organizations (SSOs), that Qualcomm...more
On Tuesday I wrote about how Epic Games’ CEO Tim Sweeney was engaging Apple on at least three battlefronts. I missed a battlefront and I’m here today to rectify that mistake. I mentioned Epic’s groundbreaking and lucrative...more
On July 29, 2020, the CEOs of Amazon, Google, Facebook, and Apple appeared before the Antitrust Subcommittee of the U.S. House of Representatives to answer questions about potentially monopolistic tactics used by the four...more
Tim Sweeney, the Colossus of Cary, is fighting even bigger foes – Apple and Google. The multibillionaire chief executive of Epic Games has opened a multi-front war on the tribute that app developers are forced to pay to reach...more
Apple has removed spectacularly popular video game Fortnite from its App Store after accusing maker Epic Games of violating App Store Guidelines. Specifically, Epic has been encouraging users to make app payments directly to...more
On November 13, the Ninth Circuit affirmed the Northern District of California’s denial of class certification in an action against Apple, Inc., holding that the plaintiffs’ expert’s wait-and-see approach to calculating the...more
In May, the U.S. Supreme Court issued a decision in Apple Inc. v. Pepper, 139 S. Ct. 1514 (2019), holding that consumers of Apple’s App Store could bring suit against the tech giant for antitrust claims. ...more
In her April 16, 2019 Public Interest Findings, Administrative Law Judge (“ALJ”) McNamara decisively stated that antitrust issues disguised as competitive conditions arguments are not a factor in the International Trade...more
On May 13, 2019, in a 5-4 decision, the U.S. Supreme Court rejected the views of the U.S. Solicitor General, the Department of Justice’s Antitrust Division, and the Federal Trade Commission when it kept alive a putative class...more