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Injunctive Relief Antitrust Violations

Seyfarth Shaw LLP

Federal Court Pumps the Brakes on House v. NCAA Settlement: What Comes Next for Roster Limits and College Athlete Pay?

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On April 23, 2025, the U.S. District Court for the Northern District of California issued a significant order in House v. NCAA and two related antitrust class actions (collectively known as In re College Athlete NIL...more

Eversheds Sutherland (US) LLP

Film Room: Submissions after House hearing

In this week’s Film Room, we break down party submissions following the House hearing on Final Approval.  On April 14, 2025, Plaintiffs, Defendant Conferences and the NCAA submitted a joint supplemental brief in support of...more

Troutman Pepper Locke

Elad v. NCAA – Testing the Legality of the NCAA’s JUCO Waiver Limits

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Rutgers University football player Jett Elad is one of the latest student-athletes to file a federal antitrust lawsuit against the National Collegiate Athletic Association (NCAA) in the U.S. District Court for the District of...more

Cozen O'Connor

NCAA Agrees to Stop Imposing Name, Image, & Likeness Restrictions

Cozen O'Connor on

A bipartisan coalition of 5 AGs reached a settlement with the National Collegiate Athletic Association (NCAA) to resolve allegations that the organization’s restrictions on future student-athletes’ ability to commercially use...more

Foley Hoag LLP - State AG Insights

30 State Attorneys General Team up with DOJ to Sue Live Nation for Violations of Antitrust Law

United States Attorney General Merrick Garland, giving remarks about the lawsuit, highlighted public criticism over Live Nation-Ticketmaster’s “exorbitant fees and technological failures” and stated that this lawsuit is “what...more

Cozen O'Connor

FTC Sues 7-Eleven for Acquisition Allegedly Violating Consent Order

Cozen O'Connor on

The FTC brought a lawsuit against 7-Eleven, Inc. and its parent company (together, “7-Eleven”) for allegedly violating an FTC consent order by acquiring a fuel outlet without providing prior notice to the Commission....more

Stevens & Lee

U.S. Anesthesia Partners and Welsh Carson File Motions to Dismiss FTC Antitrust Case

Stevens & Lee on

As reported in a prior blog post, the Federal Trade Commission (“FTC”) filed suit in federal district court in September alleging that U.S. Anesthesia Partners, Inc. (“USAP”), and the private equity firm Welsh, Carson,...more

Sheppard Mullin Richter & Hampton LLP

Two Important Antitrust Cases Decided by US Supreme Court

The United States Supreme Court decided two antitrust cases for October Term 2020. The first case, AMG Capital Management v. Federal Trade Commission, unanimously held that the Federal Trade Commission (FTC) is not...more

Kelley Drye & Warren LLP

Section 13(b) at the Start of the Supreme Court’s October Term: Where Things Stand, Where They’re Likely to End, And A Proposed...

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The Supreme Court’s new term began last Monday. This new term has taken on heightened significance with President Trump’s nomination of current Seventh Circuit Judge Amy Coney Barrett to the High Court. President Trump and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ninth Circuit Strikes Down Sweeping Injunction Against Qualcomm and Reins In Expansive Interpretation of Sherman Act

On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In...more

Haug Partners LLP

Ninth Circuit Reverses Northern District of California Decision in FTC v. Qualcomm Inc., No. 19-16122

Haug Partners LLP on

On Tuesday, August 11, 2020, the Ninth Circuit reversed and vacated Judge Lucy Koh’s controversial, post-bench trial decision in FTC v. Qualcomm Inc., 411 F. Supp. 3d 658 (N.D. Cal. 2019), regarding whether Qualcomm violated...more

Jones Day

Seventh Circuit Curtails FTC's Authority to Seek Restitution

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The Situation: Overruling its precedent, the United States Court of Appeals for the Seventh Circuit held that the Federal Trade Commission ("FTC") may not seek restitution under FTC Act Section 13(b) because the statute,...more

Ballard Spahr LLP

FTC’s Section 13(b) Powers Undermined by Two Circuit Courts

Ballard Spahr LLP on

Two recent Circuit Court opinions have significantly undermined the FTC’s powers under Section 13(b) of the Federal Trade Commission Act (FTCA).  These pivotal decisions may ultimately require the U.S. Supreme Court to...more

Troutman Pepper Locke

Qualcomm Loss Raises Risks for Substantial Market Participants' IP Licensing Decisions and Ability to Provide Loyalty Discounts

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The U.S. Federal Trade Commission (FTC) convinced a California federal district court not only that Qualcomm’s longstanding intellectual property licensing practices and volume-based discounts violated the antitrust laws, but...more

White & Case LLP

FTC v. Qualcomm

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On May 21, 2019, the United States District Court for the Northern District of California found that Qualcomm violated the Federal Trade Commission (FTC) Act, in an antitrust decision significant to licensing...more

White & Case LLP

Another FRAND Decision in Europe: Clarity or Confusion?

White & Case LLP on

In July 2015, the Court of Justice of the European Union ("ECJ") issued Huawei v. ZTE, a seminal decision detailing how holders of Standard Essential Patents ("SEPs") must license its SEPs on fair, reasonable, and...more

McDermott Will & Emery

Willful False Advertiser Not Subject to Disgorgement of Profits or Injunctive Relief

The US Court of Appeals for the Fifth Circuit affirmed a district court ruling that the defendant need not disgorge its profits or be subject to any further injunction, despite a jury finding that it had willfully falsely...more

Troutman Pepper Locke

Third Circuit Affirms Limit on FTC's Authority to Sue in Federal Court

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A unanimous Third Circuit panel recently held that Section 13(b) of the Fair Trade Commission Act (FTC Act) — which provides a mechanism for the FTC to proceed directly to federal court to enjoin allegedly unlawful conduct...more

Skadden, Arps, Slate, Meagher & Flom LLP

Third Circuit Holds FTC Must Show Defendants Are ‘About to Violate’ the Law for Injunctive Relief and Disgorgement

On February 25, 2019, in FTC v. Shire ViroPharma, Inc., the U.S. Court of Appeals for the Third Circuit confirmed that the Federal Trade Commission (FTC) cannot plead its way into federal court via Section 13(b) of the FTC...more

Orrick, Herrington & Sutcliffe LLP

Courts Question FTC Enforcement Method

The FTC has long asserted it has the authority to bring actions in federal court to obtain injunctive relief and equitable monetary remedies (e.g. disgorgement, consumer redress) for unfair and deceptive practices....more

Mintz

What Have Merchants Gained from Payment Card Antitrust Litigation?

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In recent years, federal antitrust enforcers and businesses that accept payment cards have been waging a slow war against payment card fees and the card network rules that protect them. The payment card industry’s antitrust...more

Robins Kaplan LLP

O’Bannon And Alternative Forms Of Injunctive Relief

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In O'Bannon v. NCAA, the Ninth Circuit held that NCAA regulations barring compensation to student-athletes are subject to antitrust scrutiny under the Sherman Act’s rule-of-reason analysis. The court upheld the district...more

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