News & Analysis as of

Sherman Act Monopolization Antitrust Litigation

Jenner & Block

U.S. et al. v. Google LLC: Key Takeaways from Advertising Technology Antitrust Decision

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Google again made antitrust headlines last week when a federal judge issued a 115-page decision finding that Google violated federal antitrust law by unlawfully establishing a monopoly in digital advertising markets relied...more

Vedder Price

Antitrust Pressure Mounts for Dominant Tech Platforms

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Recent actions by the U.S. Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) highlight a sharp escalation in agency antitrust enforcement, particularly for dominant technology platforms. The DOJ has brought...more

Goodwin

EmblemHealth Files Class Action Antitrust Against Alexion Related to Eculizumab

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​​​​​​​On April 16, 2025, EmblemHealth, Inc. (“Emblem”) filed a class action suit in the District Court for the District of Massachusetts against Alexion Pharmaceuticals, Inc. and Alexion Pharma International Operations Ltd....more

A&O Shearman

Central District Of California Denies Motion To Dismiss Antitrust Claims In Ticketing Class Action

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On April 11, 2025, Judge George H. Wu of the United States District Court for the Central District of California issued a ruling on a motion to dismiss filed by Live Nation Entertainment, Inc. and Ticketmaster LLC...more

Cozen O'Connor

Google Found Liable for Anticompetitive Practices in Digital Advertising Markets

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A bipartisan coalition of 17 AGs and the U.S. DOJ obtained a favorable ruling in the U.S. District Court for the Eastern District of Virginia in their antitrust case against Google LLC. As previously reported, the suit...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

Stevens & Lee

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

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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

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

Mogin Law LLP

Judge Rejects Google’s Motion to Dismiss States’ Advertising Antitrust Case

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A suit brought by state attorneys general accusing Google of overseeing a broad scheme of anticompetitive conduct in digital display advertising markets will continue following a Jan. 28, 2025, ruling from the Eastern...more

Haug Partners LLP

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

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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

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

A&O Shearman

NBA Legend’s Monopolization Challenge Against NASCAR To Proceed

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On January 10, 2025, Judge Kenneth D. Bell of the United States Court for the Western District of North Carolina denied NASCAR’s motion to dismiss stock car racing team 23XI Racing’s (“plaintiff”) monopolization case against...more

Wilson Sonsini Goodrich & Rosati

2025 Year in Preview: Antitrust Trends and Key Decisions in Private Litigation

2025 promises a dynamic and challenging year for businesses as key antitrust cases set new precedent, private antitrust litigation will intensify, and legal battles evolve. In this first installment of the Wilson Sonsini...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

Utah District Court Grants Mattress Businesses’ Motion To Dismiss In Antitrust Case Alleging Conspiracy In And Monopolization Of...

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On October 16, 2024, Judge David Barlow of the United States District Court for the District of Utah granted defendants’ motion to dismiss plaintiff’s claims that nine defendants (specifically, sellers, distributors, and...more

Mogin Law LLP

Judge Cuts Unrevealed Slice of FTC’s Amazon Case, But a Lot Remains

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U.S. Judge John H. Chun in Seattle has cut a temporarily undisclosed portion of the Federal Trade Commission’s antitrust suit against Amazon.com Inc., but said an eventual trial would focus solely on Amazon’s liability under...more

Mintz - Antitrust Viewpoints

Two Sides to Every Monopolization Suit: DOJ Sues Visa for Debit Monopolization

On September 24, 2024, the U.S. Department of Justice Antitrust Division (“DOJ”) filed a monopolization suit against Visa, Inc. (“Visa”), alleging that Visa has a monopoly in general purpose debit network services and general...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

BakerHostetler

Antitrust Sanctions: The Duty to Preserve Chats

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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

Patterson Belknap Webb & Tyler LLP

Jury Rejects Tevra's Embattled Market Definition in Antitrust Suit

On August 1, 2024, following five years of litigation, Tevra’s antitrust suit against Bayer Healthcare LLC came to an end. Tevra, a manufacturer of generic version topical flea and tick medications, alleged that Bayer engaged...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

Mogin Law LLP

DOJ, States Sue Live Nation-Ticketmaster for Monopolizing Live Concert Markets

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Agencies seek to split the company, saying exclusionary conduct harms consumers, artists, and venue owners. The Antitrust Division of the Justice Department and 30 state attorneys general sued Live Nation Entertainment Inc....more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - March 2024

WilmerHale on

Calls for Removal of Device Patents Listed in the Orange Book Continue. FTC and Congressional action scrutinizing allegedly “improper” Orange Book listings continued apace in the first few months of 2024. ...more

Wilson Sonsini Goodrich & Rosati

FTC Sues Amazon for Illegally Maintaining Monopoly Power

On September 26, 2023, the Federal Trade Commission (FTC) and 17 state attorneys general filed a complaint in the U.S. District Court for the Western District of Washington against Amazon.com, Inc. under Section 5 of the FTC...more

McDermott Will & Emery

Fourth Circuit Breathes New Life into Monopolization Suit

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The US Court of Appeals for the Fourth Circuit revived an antitrust suit alleging that a pharmaceutical manufacturer illegally maintained its monopoly for its innovator drug by precluding competition beyond the expiration...more

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