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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
On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. v. Apple, Inc., and affirmed the trial court’s ruling in Apple’s favor as to Epic’s Sherman Act claim for restraint of trade relating to Apple’s...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
Epic sued Apple in the U.S. District Court for the Northern District of California alleging that Apple’s iOS walled garden, and, specifically, that its refusal to allow app makers to use a payment system other than the Apple...more
The Ninth Circuit has held that a putative class of nationwide consumers that brought damages claims under California law was erroneously certified. Until now, class actions asserting claims for plaintiffs across the country...more
Strange as it may be, with vast majority of the world still reeling from the COVID-19 pandemic, we are on the eve of the opening ceremony for the “2020” Tokyo Summer Olympics. Olympic games in “normal” times are logistical...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
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 Wednesday, July 29, 2020, the House Judiciary Committee’s antitrust subcommittee held a widely publicized hearing in which representatives questioned CEOs from Amazon, Apple, Facebook and Google about allegedly...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
More than a bit of drama in the auto world yesterday, with General Motors suing rival Fiat Chrysler, accusing it of “bribing United Auto Workers officials to gain competitive advantages in contract negotiations.” The UAW’s...more
SCOTUS Class Action Update: Consumers Get Another Bite at Apple Profits for Alleged Antitrust Violations - On May 14th, in an opinion authored by Justice Kavanaugh, the Supreme Court of the United States gave consumers the...more
Technology products are increasingly characterized by their ability to facilitate interconnectedness. More and more, tech innovators find themselves subject to increasing scrutiny under global competition laws when they...more
A federal judge in California has refused to allow indirect purchasers of semiconductor chips—i.e., cell phone consumers—to bring claims against Qualcomm under federal antitrust law....more
The U.S. Court of Appeals for the Ninth Circuit recently addressed again when plaintiffs have standing to pursue federal antitrust claims under the U.S. Supreme Court’s landmark decision in Illinois Brick Co. v. Illinois, 431...more
Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more
Both in the automotive and other industries, parties have turned to most favored nation (MFN) clauses—or clauses having the same effect—as a means to assure the lowest possible input costs. MFN clauses offer pro-competitive,...more
We will soon know whether the Supreme Court will grant Apple’s cert petition asking the Court to review and reverse its antitrust violation for conspiring with publishers to fix the prices of e-books. The Court will consider...more
On June 30, 2015, the same day as the launch of Apple’s new streaming music service, the Second Circuit Court of Appeals coincidentally affirmed a district court ruling that Apple conspired with five of the country’s largest...more
On June 30, 2015, in a 2-to-1 ruling, the Second Circuit affirmed the district court's judgment in United States v. Apple, Inc. that Apple and five of the largest book publishers in the U.S. entered into a per se illegal...more
In mid-September, class notices went out in the ongoing Apple E-books class action lawsuit that might have momentarily had Apple’s attorneys a little concerned. Over three million potential members of the class received...more
Last week we posted a discussion concerning effective antitrust corporate compliance programs, and provided some factors that in-house counsel should consider in developing compliance programs governing employees’...more