Lessons Learned: A Government Litigation Case Study
The Latest from the DOJ Antitrust Division
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Jones Day Presents: Antitrust, Collusion, and Blockchains
China's Export Policy Changes After U.S. Antitrust Case
$300 Million Dairy Settlement Will Bring Reform, Lawyer Says
In the second quarter, federal and state antitrust enforcers continued their intense scrutiny of consolidation in the healthcare market by implementing new initiatives and laws designed to gather additional information...more
Revenue-management tools are ubiquitous across sectors, but many hotel owners, operators, and management companies use such tools on a daily basis. As these products have improved, many have incorporated algorithms enabling...more
In the past year, healthcare systems and providers across the country have filed a series of antitrust lawsuits against MultiPlan Inc. and major US health insurers, alleging a hub-and-spoke conspiracy to fix and reduce...more
Across industries, companies are facing new and uncertain regulatory pressures and demands in areas including artificial intelligence, sustainability, algorithmic pricing and fintech-bank relations. In this issue of The...more
The U.S. Department of Justice (DOJ) and eight state attorneys general have filed a lawsuit against real estate software company RealPage, alleging that its algorithmic pricing system has contributed to widespread...more
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
On March 28, 2024, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission (“the agencies”) jointly submitted a Statement of Interest on behalf of the United States in Cornish-Adebiyi v. Caesars...more
A Nevada federal court on May 8, 2024, dismissed with prejudice a putative class action alleging that a handful of Las Vegas hotel operators and a software provider broke antitrust laws by licensing and using a software...more
Over the last decade, apartment owners and managers have increasingly used algorithm-based software to set rents. This practice and its practitioners are now under scrutiny as many owners and operators are being investigated...more
For the third time in as many months, the U.S. federal antitrust enforcement authorities -- the Federal Trade Commission and the Antitrust Division of the Department of Justice -- have filed a statement of interest in an...more
On March 1, 2024, the Federal Trade Commission (FTC or Commission) and the Department of Justice (DOJ) submitted a Statement of Interest (SOI) in the case Duffy v. Yardi Systems Inc., et al. In this SOI, the agencies...more
1. Following up on a December 2023 hearing on algorithmic price-fixing and self-preferencing, Chair of the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights Amy Klobuchar (D-MN) introduced a...more
The year 2023 ended with a bang in the cartel space, with a federal court of appeals upending what was long believed to be the scope of conduct that should be considered per se under the Sherman Act. The new year, 2024,...more
Summary - Government antitrust enforcers and plaintiffs’ class action lawyers are increasingly focusing on algorithmic pricing software programs used in various sectors of the real estate market. Driving this focus is...more
Welcome to this week's issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. This week, we discuss the Senate Judiciary Committee’s December 13, 2023 hearing...more
Our most recent Alert included details and updates on rent control, proposed FTC regulation of rental housing junk fees, security camera mandates, and new ROFR proposals. Here is a link to the November 15 Alert. Below are...more
In recent court filings and public comments, the Department of Justice Antitrust Division (“DOJ” or “the Division”) has stated that price fixing using algorithmic software is per se illegal under the antitrust laws. These...more
The Federal Trade Commission (FTC) has reinforced its aggressive stance on enforcing antitrust laws by filing a federal lawsuit against Amazon on September 26, 2023. Seventeen other states have also joined in this legal...more
Antitrust practitioners from around the world gathered in Washington, D.C. the week of March 27, 2023, for a series of industry meetings, centered around the American Bar Association Antitrust Law Section’s 71st Annual Spring...more
Saudi Aramco’s slow trickle of IPO-related information continued this weekend, including its goal of setting overall company market value at a staggering $1.7 trillion. The figure, though massive, is still well short of the...more
Federal Trade Commission Acting Chairman Ohlhausen and Commissioner McSweeny recently gave two very different speeches on algorithmic pricing. Commissioner McSweeny’s speech seemed to express concern that algorithms would...more
In what it is calling the Antitrust Division’s “first criminal prosecution against a conspiracy specifically targeting e-commerce,” the Department of Justice has announced that an individual has agreed to plead guilty to...more
Marking a foray into e-commerce, the United States Department of Justice (DOJ) recently announced its first antitrust prosecution for price fixing in online marketplaces. On April 6, 2015, the DOJ announced that it has...more