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Sherman Act Competition

Morgan Lewis

Antitrust Considerations Amid the Rapid Expansion of Cricket in the US

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Firms across industries face mounting antitrust scrutiny from enforcers, legislators, and the plaintiffs’ bar. Sports teams and leagues are no exception. As the volume of sports commerce expands globally, so too does scrutiny...more

Troutman Pepper Locke

Elad v. NCAA – Former JUCO Player Demonstrates Likelihood of Success in Antitrust Suit Challenging NCAA’s JUCO Rule

Troutman Pepper Locke on

On April 25, U.S. District Judge Zahid N. Quraishi ordered the NCAA not to enforce its Five-Year Rule against Rutgers University cornerback Jett Elad. The impact of name, image, and likeness (NIL) agreements on the new world...more

McCarter & English, LLP

Antitrust Suits in Sports Could Shift the Rules of the Games

Competition is the essence of sports. It fuels the players and the thrill of it entices fans to cheer for their favorite players, purchase memorabilia, and watch games. Outside of the games, however, players and coaches are...more

Kohrman Jackson & Krantz LLP

Amazon’s “Buy Box” Legally Boxes Out the Competition

On March 20, 2025, the Ninth Circuit Court of Appeals affirmed a district court’s order to dismiss a consumer antitrust lawsuit filed against Amazon. In the lawsuit styled Hogan v. Amazon.com, Inc., the consumer-plaintiffs...more

Vinson & Elkins LLP

Wage-Fixing: An Alternative to DOJ’s No-Poach Prosecutions?

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On April 14, 2025, the Department of Justice (“DOJ”) obtained a high-profile “wage-fixing” conviction under the Sherman Act against a former executive of multiple home health care agencies (“HHAs”). A federal jury convicted...more

A&O Shearman

California District Court Grants Software Company’s Motion To Dismiss In Algorithmic Price Fixing Case

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On March 21, 2025, Judge Jeffrey S. White of the United States District Court for the Northern District of California granted defendant software company’s motion to dismiss plaintiffs’ claims of price-fixing under the Sherman...more

Mogin Law LLP

Live Nation’s Motion to Dismiss Government Antitrust Case Rejected

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The U.S. Department of Justice Antitrust Division and state antitrust authorities have plausibly alleged that Live Nation engaged in illegal tying and coercion of performing artists, a federal judge in the Southern District...more

Cozen O'Connor

NCAA Agrees to Ban on NIL Restrictions

Cozen O'Connor on

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

McCarter & English, LLP

Antitrust in Trump 2.0—the First 60 Days

As the second Trump administration reaches its 60-day mark, it is a good time to take stock of the US antitrust agencies’ actions. The Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) have...more

Cozen O'Connor

AGs and DOJ Submit Revised Final Judgment in Google Antitrust Case

Cozen O'Connor on

A bipartisan coalition of 38 AGs and the DOJ has submitted a revised proposed final judgment in their antitrust lawsuit against Google, following a U.S. District Court ruling that Google violated the Sherman Act by...more

A&O Shearman

Eastern District Of Pennsylvania Grants Defendants’ Motion To Dismiss Allegations Of Tying Discounted Drug Prices With Third-Party...

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On February 26, 2025, Judge Mia Perez of the United States District Court for the Eastern District of Pennsylvania granted defendants’ motion to dismiss plaintiff’s Sherman Act and Clayton Act claims, though the plaintiff had...more

A&O Shearman

Ninth Circuit Affirms District Court’s Rejection Of Private State Law Claims Against Qualcomm

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On February 25, 2025, the Ninth Circuit Court of Appeals affirmed the United States District Court for the Northern District of California’s rejection of unlawful tying, exclusive dealing, and unfair competition claims...more

A&O Shearman

Fourth Circuit Affirms Denial Of Class Certification In Coupon Services Price Fixing Case

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On February 12, 2025, the Fourth Circuit Court of Appeals affirmed the decision of the United States District Court for the Middle District of North Carolina not to grant class certification in a 17-year-old lawsuit accusing...more

Troutman Pepper Locke

FTC, States Sue John Deere in Right to Repair Lawsuit

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On January 15, the Federal Trade Commission (FTC), Minnesota, and Illinois filed a lawsuit against Deere & Company (Deere). The complaint, which Michigan, Wisconsin, and Arizona have since joined, accuses Deere of creating...more

Troutman Pepper Locke

Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships

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On Nov. 12, the U.S. Supreme Court declined certiorari for the U.S. v. Brewbaker decision in the U.S. Court of Appeals for the Fourth Circuit, leaving undisturbed the ruling that heightens the burden on antitrust prosecutors...more

Mogin Law LLP

Musk Says Advertisers Abandoned X via Illegal Boycott

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Advertisers began pulling their ads from the microblogging site, then called Twitter, shortly after Elon Musk took the company over in October 2022. Within a month at least six major companies had stopped advertising on the...more

Mogin Law LLP

Does California Need a Bigger Antitrust Hammer?

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California Attorney General Rob Bonta and State Democratic Senator Melissa Hurtado want a bigger hammer to enforce California’s Cartwright Act, a key tool in prosecuting antitrust cases. The bill, SB 763, would raise the...more

Axinn, Veltrop & Harkrider LLP

Antitrust Enforcement in Energy M&A in the Trump Era — 4 Issues to Watch

As CERAWeek begins in Houston, dealmakers in the energy sector will surely be asking how the second Trump Administration antitrust enforcers will treat energy deals. As a prelude, no industry has a longer history with...more

Wilson Sonsini Goodrich & Rosati

Wilson Sonsini Global Cartel Law Quarterly Q4 2024 / Q1 2025

The firm is pleased to distribute the Wilson Sonsini Global Cartel Law Quarterly Q4 2024 / Q1 2025, which provides a summary of key cartel enforcement trends across the U.S., Europe, and beyond. A “cartel” under competition...more

DLA Piper

The Preventing Algorithmic Collusion Act: Strike Two

DLA Piper on

Senator Amy Klobuchar (D-MN) and eight Senate co-sponsors reintroduced “The Preventing Algorithmic Collusion Act” – formerly Senate Bill 3686 – as Senate Bill 232 (S. 232) on January 23, 2025. S. 232 makes no substantive...more

Vinson & Elkins LLP

California Poised to Sharpen Antitrust Enforcement with New Penalties

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California continues to ramp up recent efforts to ferret out anticompetitive conduct in the Golden State through oversight and enforcement. In 2023, the state appointed an antitrust prosecutor to head up its new Division of...more

Axinn, Veltrop & Harkrider LLP

Will the Supreme Court Upend the Jurisdictional Landscape?

Many defendants with no connection to the jurisdiction in which they are sued may assert a personal jurisdiction defense to avoid defending against claims in far-flung courts. In cases brought under state law, this defense is...more

Stevens & Lee

Federal Court: No Sherman Act Violation Absent Anticompetitive Conduct and Anticompetitive Effects

Stevens & Lee on

Back in late January, U.S. District Court Judge Xavier Rodriguez in the Western District of Texas granted summary judgment to Loredo Medical Center (LMC) and a locally-based interventional cardiology group (LMC Cardiology...more

Goodwin

Antitrust and Competition Life Sciences Year in Review 2024

Goodwin on

The last year (and particularly the last few months) of the Biden Administration brought a flurry of activity from the Federal Trade Commission (FTC) in the life sciences space, continuing a yearslong pattern of close...more

Cohen & Gresser LLP

Mandatory vs. Suggested Pricing: Algorithmic Price Setting and the Sherman Act

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In January, as the Biden Administration drew to a close, the U.S. Department of Justice (“DOJ”) and eight state attorneys general amended their antitrust lawsuit against software maker RealPage, Inc. (“RealPage”). The lawsuit...more

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