News & Analysis as of

Monopolization

BakerHostetler

Antitrust Sanctions: The Duty to Preserve Chats

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On August 5, 2024, District Judge Amit P. Mehta (U.S. District Court, District of Columbia) ruled in United States v. Google LLC that Google violated §2 of the Sherman Act by monopolizing the internet search engine market....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Age of the Algorithm: Understanding the Rewards and Risks of Algo Pricing

A range of businesses are increasingly turning to pricing algorithms to gain a competitive edge and increase revenue. At the same time, competition regulators are increasing their focus on algorithmic pricing, intent on...more

Quarles & Brady LLP

Justice Department’s New Task Force on Health Care Monopolies and Collusion

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DOJ recently formed the Antitrust Division’s (the “Division”) Task Force on Health Care Monopolies and Collusion (“HCMC”), signaling anticompetitive activity in health care markets as an enforcement priority....more

EDRM - Electronic Discovery Reference Model

Generative Search Engines: Providing Answers Not Links

Search engines based on Generative AI, known as Generative Search Engines (“GSE”), provide actual answers to user queries, not just website links. These links suggest dozens, hundreds, if not thousands of websites where...more

A&O Shearman

Fifth Circuit Dismisses U.S. Anesthesia Partners Appeal, Declining To Hear Constitutional Claims Under Collateral Order Doctrine

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On August 15, 2024, Judge Stephen A. Higginson of the United States Court of Appeals for the Fifth Circuit, writing for a panel, dismissed an appeal from U.S. Anesthesia Partners (“USAP”) in its ongoing litigation against the...more

Morrison & Foerster LLP

DOJ Rages Against the Machine: The Feds and Several States Accuse RealPage of Helping Landlords Collude and Monopolizing...

After more than a year of scrutiny and commenting on lawsuits brought by others, the Department of Justice (“DOJ”) finally entered the algorithmic price-fixing fray in its own right. On August 23, 2024, DOJ, along with eight...more

Cozen O'Connor

The State AG Report – 8.29.2024

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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: •Missouri AG Investigates Hack of National Public Data - ...more

Cozen O'Connor

Illinois AG Cheers $82.5 Million Proposed Settlement with Varsity Brands

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Illinois AG Kwame Raoul joined a $82.5 million proposed antitrust settlement with Varsity Brands LLC and related entities and individuals (collectively, “Varsity”), to resolve allegations that Varsity monopolized the markets...more

Brownstein Hyatt Farber Schreck

DOJ Alleges Illegal Rental Price-Fixing in Antitrust Case

In a highly anticipated move, the U.S. Department of Justice (“DOJ”) along with eight states filed a complaint against RealPage, Inc. for antitrust claims arising from its pricing software. The DOJ claims that RealPage has...more

Wilson Sonsini Goodrich & Rosati

Man vs. Machine: DOJ Files Complaint Alleging Algorithmic Collusion

On August 23, 2024, the U.S. Department of Justice (DOJ) and eight states filed a complaint in federal court in North Carolina alleging that RealPage, a software analytics company, coordinated rental prices in the real estate...more

Association of Certified E-Discovery...

Maybe Next Time Google Should Google “Legal Hold”

Six Simple Steps to Avoid Sanctions for Failure to Preserve Electronic Evidence - I’m not a lawyer, and far be it for me to give legal advice, but I’ve lived and worked around lawyers for all of my professional legal career,...more

MoginRubin LLP

Act 2: Remedies in the Google Search Antitrust Case

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I was not alone in noting the significance of the D.C. district court's decision earlier this month to hold Google liable for monopolization of the general search market and the search text advertising market in United...more

White & Case LLP

In Landmark Decision, D.C. Federal Court Holds Google Maintained an Illegal Monopoly in Internet Search and Advertising Markets...

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On August 8, 2024, Judge Amit P. Mehta of the United States District Court for the District of Columbia issued his much anticipated and long-awaited opinion in the U.S. Department of Justice's (DOJ) case challenging Google's...more

Patterson Belknap Webb & Tyler LLP

Jury Rejects Tevra's Embattled Market Definition in Antitrust Suit

On August 1, 2024, following five years of litigation, Tevra’s antitrust suit against Bayer Healthcare LLC came to an end. Tevra, a manufacturer of generic version topical flea and tick medications, alleged that Bayer engaged...more

Baker Botts L.L.P.

DOJ Obtains $3.5 Million Civil Penalty and Appoints Antitrust Compliance Officer to Resolve Gun-Jumping Concerns

Baker Botts L.L.P. on

On August 5, the Department of Justice (DOJ) secured a landmark decision from the U.S. District Court for the District of Columbia in a high-profile monopolization litigation....more

Goodwin

Google is an Illegal Monopoly, Federal Court Rules

Goodwin on

Following a nine-week bench trial starting in September 2023 and closing arguments in May 2024, District of Columbia district court judge Amit Mehta ruled on August 5, 2024, that Google illegally maintained its monopoly in...more

Brownstein Hyatt Farber Schreck

‘Big Tech’ and Antitrust: Today’s Robber Barons or Victims of Enforcement Overreach?

In recent weeks, there have been several transformative developments that not only will profoundly impact antitrust and competition law but also shape the ability of so-called “Big Tech” to continue to dominate their...more

Awatif Mohammad Shoqi Advocates & Legal...

UAE Implements Revised Penalties and Amendments Under Consumer Protection Law

The Ministry of Economy in the UAE has recently introduced a comprehensive list of violations under Cabinet Decision No. 66/2023 concerning the Executive Regulation of Federal Law No. 15/2020 on Consumer Protection. Federal...more

Baker Botts L.L.P.

Avoiding Demurrer: Properly Pleading Inequitable Conduct

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Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading....more

Cozen O'Connor

Google Found Liable for Anti-Competitive Practices

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A bipartisan group of 38 AGs and the U.S. DOJ obtained a ruling in their favor from the U.S. District Court for the District of Columbia in their antitrust suit against Google LLC. As previously reported, Google allegedly...more

Fox Rothschild LLP

Even in an Olympic Year, a “Low Bar” for Intervening Parties can be a Major Hurdle

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The road leading away from HCA Healthcare’s 2019 acquisition of the multi-campus Mission Health hospital system in Western North Carolina has been a bumpy ride. HCA has faced suit connected to the transaction alleging it...more

MoginRubin LLP

Google’s Default Distribution Deals Drive Search Monopoly Decision

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This week’s decision in United States v. Google represents a significant victory for the Department of Justice’s Antitrust Division and various state attorneys general, which successfully argued that Google has exercised...more

Mintz - Antitrust Viewpoints

What’s Next? Google Found Liable In Search Monopolization Case with Remedies Phase To Come

On Monday, Judge Amit P. Mehta of the United States District Court for the District of Columbia issued a 277-page opinion finding Google liable for monopolizing the general search services and general search text ads markets....more

Association of Certified E-Discovery...

Legal Hold Privilege in Jeopardy: What a Preliminary Showing of Spoliation Means for Your Case

In the ever-evolving landscape of eDiscovery, the privilege surrounding legal hold notices is increasingly being scrutinized. A recent decision in FTC v. Amazon.com, Inc. (July 9, 2024) brings this issue to the forefront,...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: 2024 Mid-Year Global Review

At the mid-year point, 2024 is shaping up to be an eventful year in cartel enforcement. In the United States, the U.S. Department of Justice (DOJ)’s Antitrust Division (Division) enjoyed two significant victories and finally...more

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