Episode 341 -- DOJ Charges Visa with Monopolization and Exclusionary Conduct in the Debit Card Market
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Nota Bene Episode 46: America’s Existential Antitrust Crisis with Thomas Dillickrath
Instapundit: America's IP Laws Need to be "Pruned Back"
$300 Million Dairy Settlement Will Bring Reform, Lawyer Says
After having been shut down as of October 1 for all but ongoing litigation and time-sensitive matters because of the federal budget impasse, the Federal Trade Commission (“FTC” or the “Commission”) and the Antitrust Division...more
With the refinement of China’s antitrust legislation and a growing public awareness of rights protection, the number of civil lawsuits related to monopolistic conduct has steadily increased in recent years in China....more
A District of Columbia federal judge has ruled that Meta does not have a monopoly in the market for social media in the United States, rejecting the Federal Trade Commission (FTC)'s allegations that the company maintained...more
On November 24, 2025, the Department of Justice (DOJ) filed a proposed settlement to resolve its antitrust claims against the revenue management software company, RealPage Inc. (RealPage), related to certain of its...more
The U.S. District Court for the District of Columbia recently entered judgment in favor of Meta Platforms Inc. (Meta) in a high-profile antitrust case addressing the boundaries of monopoly power in rapidly evolving digital...more
On November 18, 2025, the United States District Court for the District of Columbia entered judgment for Meta Platforms, Inc. (“Meta”), denying the Federal Trade Commission’s (“FTC”) request for a permanent injunction,...more
The California Law Revision Commission (CLRC) voted unanimously last month to recommend amending the Cartwright Act, the state’s antitrust law, to impose liability on a single firm for a restraint of trade while also holding...more
In a significant setback for the Federal Trade Commission (FTC), the U.S. District Court for the District of Columbia ruled in favor of Meta Platforms, Inc. (formerly Facebook) in FTC v. Meta Platforms, Inc., rejecting the...more
The Federal Trade Commission (FTC) has lost its long-running suit contending that Meta Platforms monopolized a “personal social networking” (PSN) market by acquiring Instagram and WhatsApp, two acquisitions that the FTC had...more
On November 18, 2025, Chief Judge James Boasberg of the United States District Court for the District of Columbia concluded that the Federal Trade Commission (FTC) had failed to prove that Meta unlawfully monopolized the...more
Despite buying Instagram and WhatsApp, Facebook has lost ground to competitors that increasingly look the same. But should that matter when it comes to liability?...more
The government lost the first merger challenge brought by the FTC under the second Trump administration. On November 10, 2025, Judge Jeffrey Cummings of the Northern District of Illinois denied a request for a preliminary...more
In Celonis SE v. SAP SE, a federal court ruled that Celonis could proceed with its claim alleging SAP monopolized a standalone “data access” aftermarket, potentially paving the way for monopolization theories focused on acts...more
On October 31, 2025, the U.S. District Court for the Central District of California granted the motion to dismiss counterclaims brought by Defendant, which alleged that plaintiff telecommunications companies (“Plaintiffs”)...more
In Antitrust analysis in the United States, the Small but Significant Non-Transitory Increase in Price (“SSNIP”) test is often a key component of market definition analysis, whether performed quantitatively or qualitatively. ...more
Recent rulings in Mexico’s antitrust enforcement landscape have clarified the limits of authority within the defunct Federal Economic Competition Commission (Commission). Specifically, the decisions address whether the...more
Governor Gavin Newsom recently signed two new bills into law, and amendments to the Cartwright Act are likely forthcoming. On October 6, 2025, Governor Gavin Newsom signed into law California Senate Bill No. 763 (SB 763),...more
While French luxury brand Hermès is likely best known for its Birkin handbags and silk scarves, a group of plaintiff consumers in California are focused on its ties—or more accurately, its alleged ties. Plaintiffs claim...more
On September 26, 2025, Judge Mary Kay Vyskocil of the United States District Court for the Southern District of New York granted eyewear maker EssilorLuxottica’s and related business entities’ (“defendants”) motion to dismiss...more
On September 30, the U.S. District Court for the Eastern District of Virginia granted in part and denied in part the Motion to Dismiss filed by Amgen, Inc. and Immunex Corporation (“Amgen”) in a class action antitrust lawsuit...more
October 2025 – This month’s issue features recent developments in Epic Games, Inc. v. Google LLC and includes other key developments on both sides of the Pond....more
Former University of Nevada, Las Vegas (UNLV) football player Tatuo Martinson is the latest NCAA athlete to successfully convince a federal district court to enjoin the NCAA from enforcing its “five-year eligibility rule”...more
This monthly report outlines key developments in China’s antitrust sector for August. The following events merit special attention: SAMR Seeks Public Comments on Antitrust Guidelines for Public Utilities Sector: On August 20,...more
In discussing the worldwide race for leadership and advantage in AI, Assistant Attorney General Gail Slater argued in a recent speech that free market competition — not monopolies — is the engine of American innovation. To...more
A recent decision from Judge Naomi Reice Buchwald in the Southern District of New York has set the framework for a closely watched antitrust case in the $13 billion digital health records space. The case, Particle Health Inc....more