News & Analysis as of

Sherman Act Department of Justice (DOJ) Antitrust Provisions

Foley & Lardner LLP

Five Tips for Navigating Antitrust Risk from Algorithmic Pricing Software

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In recent years, both private plaintiffs and the government have increasingly scrutinized businesses’ use of “algorithmic pricing” software, leading to a wave of antitrust lawsuits and enforcement actions. These softwares,...more

BakerHostetler

Live Updates #2 - ABA Antitrust Spring Meeting 2025, Washington, D.C.

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The members of BakerHostetler’s Antitrust and Competition Team are pleased to present these brief updates from the conference sessions on Day 2 at this week’s ABA Antitrust Spring Meeting in Washington, D.C....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

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

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

Ballard Spahr LLP

Antitrust Enforcement in the Procurement Space During the Second Trump Administration

Ballard Spahr LLP on

Although the scope of federal antitrust enforcement under the second Trump administration remains uncertain, the Procurement Collusion Strike Force (PCSF) is expected to remain active. The PCSF, which was started by the first...more

Mogin Law LLP

A Safe Bet: FanDuel and DraftKings Are Stifling Competition

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Senators urge investigation of companies that share 80% of the online gambling market. In the lead-up to Super Bowl LIX fans were busily restocking their stores of face-paint, sharing recipes, and locking down their daily...more

A&O Shearman

Northern District Of California Applies Recent Epic v. Apple Precedent To Dismiss Antitrust Suit Before Closing Arguments

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On January 28, 2025, U.S. District Judge Araceli Martínez-Olguín granted judgment as a matter of law for defendant Intuitive Surgical, Inc. (“Intuitive” or “defendant”) on all claims brought by plaintiff, Surgical Instruments...more

Haug Partners LLP

Bayer “Fleas” New Antitrust Trial – Jury’s Rejection of Flea and Tick Medication Market Upheld

Haug Partners LLP on

On January 21, a Northern District of California Court denied Plaintiff Tevra Brands LLC’s (“Tevra’s”) Motion for a New Trial, after a Jury found that Defendant Bayer Healthcare LLC (“Bayer”) did not monopolize the relevant...more

Wilson Sonsini Goodrich & Rosati

2025 Year in Preview: Pending Decisions at the U.S. Antitrust Agencies

President Trump has chosen Gail Slater to lead the U.S. Department of Justice (DOJ) Antitrust Division and elevated Commissioner Andrew Ferguson to chair the U.S. Federal Trade Commission (FTC). In this second installment of...more

Seyfarth Shaw LLP

FTC Workshop Targets Digital Marketplaces for Potential Predatory Pricing Claims

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During a recent virtual workshop hosted by the Federal Trade Commission (FTC), academics, trade association representatives, and two FTC commissioners advocated for change in the application of Section 2 of the Sherman Act to...more

BakerHostetler

DOJ and FTC Withdraw Antitrust Competitor Collaboration Guidelines

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The US Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) announced on Wednesday the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors originally issued in 2000....more

Wilson Sonsini Goodrich & Rosati

Latest Ruling Relating to Pricing Software Highlights Antitrust Risks

Another court has allowed antitrust claims to proceed against competitors that use the same revenue management software. The case involves competitors in the real estate industry, but the takeaway is the same for any...more

Mintz - Antitrust Viewpoints

Information Sharing in the Trump Administration

As January 20, 2025, approaches, antitrust practitioners and the business communities are searching for clues whether the incoming Trump Administration and its antitrust officials will continue the Biden Administration’s...more

Troutman Pepper Locke

Antitrust Burden Heightened in Fourth Circuit for Prosecutors in Hybrid Horizontal-Vertical Relationships

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Last week, the Supreme Court declined cert for the Fourth Circuit’s Brewbaker decision, leaving undisturbed the ruling that heightens the burden on antitrust prosecutors when the target companies have a hybrid...more

Proskauer - Minding Your Business

DOJ Targets AI Pricing Algorithms: RealPage Case Signals Potential Shift in Antitrust Enforcement

The Department of Justice and eight state attorneys general filed a civil antitrust lawsuit in August against RealPage Inc. – a Texas-based software company that provides property management software – and several landlords...more

Mogin Law LLP

DOJ Suggests a Framework for Remedies to Pry Power Away from Google

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The government’s antitrust case against Google’s Search business passed another milestone with the government’s proposal of a remedies “framework” to loosen Google’s monopoly grip on the general search services and search...more

Morgan Lewis

DOJ Statement of Interest States Information Sharing Among Competitors Warrants Closer Scrutiny

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The US Department of Justice Antitrust Division (DOJ) recently filed a Statement of Interest (Statement) to highlight its view that (1) information sharing alone, without any agreement to fix prices, can violate US antitrust...more

BakerHostetler

Antitrust Sanctions: The Duty to Preserve Chats

BakerHostetler on

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

The Volkov Law Group

Antitrust Division Indicts Company, Executive and Employee for $100 Million Price-Fixing Conspiracy

The Volkov Law Group on

DOJ’s Antitrust Division has been relatively quiet in prosecuting criminal cartel or bid-rigging cases.  Since 2015, the Antitrust Division’s criminal enforcement has fallen from the billions in penalties each year to the...more

Proskauer Rose LLP

FTC Focus: Private Equity Investments In Healthcare

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U.S. antitrust regulators, particularly the Federal Trade Commission, have been stepping up scrutiny of private equity investments in healthcare. On March 5, the FTC, along with the U.S. Department of Justice and the U.S....more

Brownstein Hyatt Farber Schreck

No Consulting Firm Is Safe

What the FTC’s investigation of McKinsey means for consultants tasked to compare wages or pricing - On July 23, 2024, the Federal Trade Commission (FTC) announced that it has issued inquiries to McKinsey & Co. and seven...more

Troutman Pepper Locke

Algorithmic Prices and Industry Data Reporting Under the Antitrust Microscope

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Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more

Proskauer - Health Care Law Brief

Public Portal to Promote Healthy Competition

Past long-standing chair of Proskauer’s Health Care Department, Ed Kornreich is a recognized authority on the legal, regulatory and business issues related to health care… Past long-standing chair of Proskauer’s Health Care...more

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