News & Analysis as of

Sherman Act

Zelle  LLP

Court Largely Grants Class Certification, But Narrows Walker Process Claims over Biologic Drug Stelara on Summary Judgment

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In opinions released on December 5 and December 15, 2025, Judge Walker (E.D. Va.) granted Plaintiff CareFirst’s motion for class certification on its Sherman Act claims (though not as to state-law consumer protection and...more

Axinn, Veltrop & Harkrider LLP

Axinn Associates at the Antitrust Spring Meeting: AI, Algorithms, and Information Exchange

The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world....more

Orrick, Herrington & Sutcliffe LLP

Rethinking Buy-Side Antitrust "Group Boycotts": Key Takeaways for Companies Navigating Collective Buyer Activity

In a new article published in CPI Antitrust Chronicle, Orrick antitrust partner Craig Falls and associate Brendan McGuire examine the growing wave of antitrust "group boycott" claims targeting collective buyer activity— from...more

Thompson Coburn LLP

Concert Ticket Pricing: Live Nation Settles with DOJ, Goes to Trial Against States

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Live Nation Entertainment, Inc. (“Live Nation”), which acquired Ticketmaster in 2010, recently reached a surprise mid-trial settlement with the U.S. Department of Justice (“DOJ”) in a high-profile antitrust case in the...more

Rivkin Radler LLP

DOJ Sues NYP

Rivkin Radler LLP on

On March 26, the U.S. Department of Justice (DOJ) and the U.S. Attorney’s Office for the Southern District of New York filed a civil antitrust lawsuit against The New York and Presbyterian Hospital (NYP). The Complaint...more

Zelle  LLP

N.D. Cal. Court Dismisses Plaintiffs’ Complaint Against PayPal for Failing to Allege Market Power and Antitrust Standing

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In Sabol v. PayPal Holdings Inc., No. 23-cv-05100-JSW (N.D. Cal. Nov. 5, 2025), the court dismissed Plaintiffs’ complaint because they failed to allege PayPal had market power and failed to allege antitrust standing, with...more

Morgan Lewis

DOJ Continues Scrutiny of Health System Contracting in Second 2026 Antitrust Case

Morgan Lewis on

The US Department of Justice Antitrust Division (DOJ) in March 2026 brought an antitrust action against NewYork-Presbyterian (NYP), alleging that the health system’s contracts with commercial payors restrict “budget-conscious...more

Mogin Law LLP

Warner Shareholders Approve Paramount Merger as Antitrust Scrutiny Intensifies

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Warner Bros. Discovery shareholders have approved the company’s proposed merger with Paramount Skydance, clearing a major corporate hurdle while leaving unresolved the substantial federal and state antitrust scrutiny hanging...more

McDermott Will & Schulte

DOJ clarifies stance on information-sharing practices with statement of interest

The US Department of Justice (DOJ) recently filed a statement of interest (SOI) in an antitrust class action reminding businesses that participating in information exchanges – even when the information shared is aggregated,...more

Morgan Lewis

DOJ Lawsuit Against OhioHealth Alleges Anticompetitive Contract Restrictions with Payors

Morgan Lewis on

In February 2026, the United States and the state of Ohio brought an antitrust action against Ohio hospital system OhioHealth alleging that the system’s contracts with commercial health insurers (payors) included restrictions...more

Kohrman Jackson & Krantz LLP

Live Nation–Ticketmaster Antitrust Case Takes Center Stage: What Businesses Should Watch

The antitrust litigation involving Live Nation and Ticketmaster continues to evolve following the U.S. Department of Justice’s announcement of tentative settlement terms reached during trial. The case, which challenges Live...more

Kelley Drye & Warren LLP

States Break from DOJ, Pushing for Broader Relief in Live Nation-Ticketmaster Litigation

This week, the Department of Justice announced a tentative settlement in its long-running antitrust lawsuit against Live Nation. The deal—revealed one week into trial—addresses the company’s allegedly monopolistic conduct and...more

A&O Shearman

Private Damages Activity Continues To Escalate Across Key Jurisdictions

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Across key jurisdictions, the “gatekeeping” phase in collective redress—whether certification or collective authorization—continues to define who gets into court and on what terms, with materially different thresholds shaping...more

Axinn, Veltrop & Harkrider LLP

The Curtain Rises Again on FTC Act Section 5

Section 5 of the FTC Act prohibits “unfair methods of competition.” Section 5, which has been endorsed by many as necessary to fill gaps in the Sherman Act, yet criticized by others as vague and unbounded, has now reemerged...more

Hogan Lovells

Bundling’s other test: When AKS-friendly discounts create antitrust risk

Hogan Lovells on

A recent advisory opinion from the U.S. Department of Health and Human Services Office of Inspector General (OIG) may give manufacturers more daylight to structure bundled discounts under the Discount Safe Harbor (DSH) to the...more

Venable LLP

Court Dismisses Sandoz’s Enbrel® (etanercept) Antitrust Lawsuit

Venable LLP on

On February 17, 2026, the Court dismissed Sandoz’s Complaint against Amgen in Case No. 2:25-cv-00218 (E.D. Va.) for failure to state a claim under FRCP 12(b)(6).  ...more

Vorys, Sater, Seymour and Pease LLP

Federal Circuit Affirms Antitrust Liability for Patent Tying in Ingevity Corp. v. BASF Corp.

In Ingevity Corp. v. BASF Corp., the Federal Circuit affirmed a jury verdict finding that Ingevity Corp. (Ingevity) violated antitrust laws by tying licenses to its fuel‑vapor canister patent to purchases of its unpatented...more

Axinn, Veltrop & Harkrider LLP

DOJ Serves Up a Statement of Interest with a Side of Fries

Last Friday, the DOJ filed a Statement of Interest in In Re Frozen Potato Products Antitrust Litigation, a multidistrict price fixing litigation filed in the Northern District of Illinois against four producers of frozen...more

Mogin Law LLP

Ohio AG Brings Cannabis Cartel Case Against Multistate Operators

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Ohio Attorney General Dave Yost has filed an antitrust action accusing nine multistate cannabis operators (MSOs) of coordinating to suppress competition in Ohio’s legal cannabis market....more

ArentFox Schiff

Collective Action or Collusion? Regulators Target Industry Initiatives

ArentFox Schiff on

Federal and state regulators have intensified scrutiny of collaborative industry initiatives designed to address sustainability commitments. A series of enforcement actions, warning letters, and litigation assert that these...more

A&O Shearman

Eastern District of North Carolina Grants Motion To Dismiss Conspiracy Claims In HVAC Refrigerant Market

A&O Shearman on

On February 20, 2026, Judge Terrence Boyle of the U.S. District Court for the Eastern District of North Carolina dismissed all claims against Mexichem Fluor, Inc., a producer and distributor of refrigerant products, and its...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Global Tubing LLC v. Tenaris Coiled Tubes LLC

In its only precedential patent opinion last week, the Federal Circuit heard cross-appeals from a district court’s summary judgment decisions finding inequitable conduct by patentee Tenaris, but dismissing Global Tubing’s...more

Foster Swift Collins & Smith

Trump FTC Targets Law Firm Certifications in Campaign Against DEI

On January 30, 2026, Federal Trade Commission recently circulated a Letter to law firms regarding widespread participation in the Mansfield diversity certification program, administered by a third-party for-profit...more

Zelle  LLP

The Northern District Rejects Settlement Attempt on Unlawful Monopolization Claims Against LinkedIn

Zelle LLP on

In this litigation, Plaintiffs allege LinkedIn unlawfully monopolized the professional social networking market in violation of Section 2 of the Sherman Act. No. 22-cv-00237-HSG, 2025 WL 3654114, at *1. Originally...more

McDermott Will & Schulte

Tied up: Federal Circuit affirms antitrust verdict in patent case

The US Court of Appeals for the Federal Circuit affirmed a jury verdict finding that Ingevity engaged in unlawful tying under the Sherman Act by conditioning licenses to its patent on customers’ purchase of its unpatented...more

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