News & Analysis as of

Sherman Act Monopolization Antitrust Division

Cozen O'Connor

AGs and DOJ Submit Revised Final Judgment in Google Antitrust Case

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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

Ballard Spahr LLP

Antitrust Enforcement in the Procurement Space During the Second Trump Administration

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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

A&O Shearman

Illinois District Court Dismisses Antitrust Case Alleging Monopolization Of Transportation Services For Canadian Crude Oil In...

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On January 13, 2025, the United States District Court for the Northern District of Illinois granted defendant’s motion to dismiss plaintiff’s claim that it monopolized the market for “Canadian crude oil transportation...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

A&O Shearman

New York Federal Court Denies Defendants’ Motions To Dismiss Sports Streaming Antitrust Suit

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Plaintiff, a U.S.-based streaming service that focuses primarily on delivering live sports streaming, filed the lawsuit in February 2024 to challenge a new sports-only streaming joint venture, Venu, established by Disney,...more

A&O Shearman

SDNY Judge Refuses To Transfer DOJ Case Against Concert Promoter, Finding Attempt To Unwind A Merger Cleared By Consent Decree...

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On October 3, 2024, United States District Judge Arun Subramanian refused to transfer the DOJ’s monopolization case against two companies in the live entertainment industry (“Defendants”) from the Southern District of New...more

A&O Shearman

Complaint Against Health Company Sufficiently Pleads Non-Interchangeability Of Emergency Room And Urgent Care Services

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On September 5, 2024, the United States District Court for the Middle District of Florida denied Health First, Inc.’s motion to dismiss plaintiffs’ amended complaint in a class action lawsuit alleging monopolization and...more

Mintz - Antitrust Viewpoints

What’s Next? Google Found Liable In Search Monopolization Case with Remedies Phase To Come

On Monday, Judge Amit P. Mehta of the United States District Court for the District of Columbia issued a 277-page opinion finding Google liable for monopolizing the general search services and general search text ads markets....more

A&O Shearman

Eastern District Of New York Finds Circumstantial Evidence Enough To Defeat Summary Judgment Motion In Antitrust Case Against...

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First, the Court considered whether there was sufficient evidence to conclude that the Defendants’ standards, in and of themselves, violated Section 1 and concluded there was not.  Instead, the Court held that...more

Wilson Sonsini Goodrich & Rosati

DOJ Seeks an Encore Showdown with Live Nation and Ticketmaster

DOJ's Most Recent Monopolization Case Reflects Several Agency Priorities Including Expansion of Section 2 to Respond to Headline-Grabbing Popular Demands...more

Wilson Sonsini Goodrich & Rosati

U.S. DOJ and States File Complaint Against Apple for Alleged Monopolization of Smartphones

On March 21, 2024, the U.S. Department of Justice (DOJ) and the attorneys general for 15 states and the District of Columbia filed a complaint against Apple in the District of New Jersey. The complaint alleges that Apple...more

BakerHostetler

DOJ and FTC Using New Weapons to Attack Antitrust Conduct

BakerHostetler on

In spring 2022, the Department of Justice (the DOJ) announced its intention to aggressively pursue monopolization cases. While the DOJ is continuing its aggressive prosecution of criminal cases, it is also now utilizing...more

Troutman Pepper Locke

Antitrust Criminal Enforcement on the Horizon

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With the end of summer and fall right around the corner, the U.S. Department of Justice (DOJ), Antitrust Division is gearing up for several crucial displays of its criminal enforcement priorities across multiple...more

BakerHostetler

Antitrust Implications Loom Large in PGA Tour-LIV Golf Merger

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In August, we wrote about whether antitrust liability might be in the PGA Tour’s future through a reported DOJ Antitrust Division investigation about the PGA Tour’s actions relating to LIV Golf and about PGA Tour bylaws...more

Vinson & Elkins LLP

Criminalizing Monopolists: Sincere Revival, or DOJ Sabre-Rattling?

Vinson & Elkins LLP on

Since early 2022, representatives of the U.S. Department of Justice’s (“DOJ”) Antitrust Division have made a series of increasingly strident public remarks about the Antitrust Division’s newfound willingness to criminally...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Year-End Edition 2022

Morrison & Foerster LLP on

In 2022, antitrust authorities around the world were pursuing more investigations, bringing new types of cases, and making policy changes to spark even more enforcement actions. In the United States, the Department of...more

Dorsey & Whitney LLP

After Nearly Fifty Years of Dormancy, Criminal Monopolization Charges Have Returned

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​​​​​​​For nearly 50 years, the Antitrust Division of the United States Department of Justice (DOJ) has brought federal criminal charges only for allegations of illegal coordinated behavior among competitors in violation of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Is the DOJ’s First Criminal Monopolization Case in Decades More Bark Than Bite?

In October, the Department of Justice Antitrust Division announced its first criminal attempted monopolization charges in more than 40 years. In the case, U.S. v. Zito, Nathan Nephi Zito, the owner of a Montana paving...more

Cooley LLP

Business Owner Pleads Guilty to Attempted Monopolization in Violation of Section 2 of Sherman Act

Cooley LLP on

On October 31, the Antitrust Division of the US Department of Justice (DOJ) delivered on its promise to pursue criminal enforcement of Section 2 of the Sherman Act when it secured a guilty plea from a highway paving...more

Vinson & Elkins LLP

DOJ Obtains First Monopolization Conviction in Decades

Vinson & Elkins LLP on

On October 31, 2022, the U.S. Department of Justice Antitrust Division (“DOJ”) announced that the president of a Montana paving and asphalt contractor, Nathan Nephi Zito, had pleaded guilty to one count of attempting to...more

Polsinelli

No Agreement? No Worries: Justice Department Secures Historic Criminal Attempted Monopolization Conviction

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In yet another signal in support of the notion that “the era of lax enforcement is over, and the new era of vigorous and effective antitrust law enforcement has begun,” on October 31 the Antitrust Division of the Department...more

Jones Day

DOJ Brings First Criminal Monopolization Case in 50 Years

Jones Day on

A plea deal with a paving contractor follows the Department of Justice Antitrust Division's ("DOJ") threat to resurrect criminal enforcement of the Sherman Act § 2 prohibition on monopolization and attempted monopolization....more

BakerHostetler

DOJ Antitrust Brings First Criminal Monopolization Case in More Than 40 Years

BakerHostetler on

Key Takeaways - ..U.S. v. Nathan Nephi Zito is the first criminal monopolization case in more than 40 years, reversing the Antitrust Division’s practice of pursuing monopolization cases only civilly. ..The elements...more

Hogan Lovells

DOJ secures first criminal attempted monopolization conviction in decades

Hogan Lovells on

On 31 October 2022 the Department of Justice Antitrust Division (DOJ or the Division) announced that the president of a Montana paving and asphalt contractor pled guilty to one count of violating Section 2 of the Sherman Act...more

McGuireWoods LLP

DOJ Secures Guilty Plea in First Section 2 Prosecution in Decades

McGuireWoods LLP on

On Oct. 31, 2022, the U.S. Department of Justice Antitrust Division (DOJ) announced that it brought criminal attempted monopolization charges under Section 2 of the Sherman Act, resulting in a guilty plea. Section 2, which...more

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