A clear case of horizontal price fixing. Private antitrust plaintiffs are increasingly bringing cases alleging that the use of a common, commercially available pricing algorithm by multiple competitors constitutes price...more
The United States Court of Appeals for the Fourth Circuit recently issued a landmark decision that temporarily altered the standard of review for antitrust bid-rigging prosecutions against manufacturers and distributors in...more
This week, the Court addresses the constitutionality of a law protecting housing access for people with criminal histories, and the elements of a per se unlawful group boycott under the Sherman Antitrust Act....more
Price-fixing agreements among horizontal competitors raise significant antitrust concerns under Section 1 of the Sherman Act....more
Germany is about to implement an ambitious new “digital antitrust law” (“GWB-Digitalisierungsgesetz”) to effectively regulate online markets. The draft Ministerial bill on the 10th amendment of the German Act Against...more
We begin this week’s Update with some good news on the direct booking front. Enjoy....more
On 31 October the 10th U.S. Circuit Court of Appeals overturned the U.S. District Court for the District of Utah's decision in United States v. Kemp & Associates, et al. that dismissed the government's indictment as time...more
With over 50 Japanese executives charged and more than 30 Japanese companies having faced criminal charges and having paid some $4 billion in fines since 2010, you would expect that all Japanese companies and their executives...more
Earlier this month, Apple signaled its intention to petition for writ of certiorari after the Second Circuit upheld Judge Cote’s decision to apply per se liability in analyzing the firm’s conduct with respect to e-books in...more