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
11/7/2024
/ Algorithms ,
Anti-Competitive ,
Antitrust Provisions ,
Artificial Intelligence ,
Class Action ,
Department of Justice (DOJ) ,
Infrastructure ,
Motion to Dismiss ,
NCAA ,
Sensitive Personal Information ,
Sherman Act
This article is part of a monthly column that considers the significance of recent Federal Trade Commission announcements about antitrust issues. In this installment, we discuss the FTC's complaint on PBMs' conduct around...more
10/3/2024
/ Administrative Complaints ,
Anti-Competitive ,
Article II ,
Drug Pricing ,
Due Process ,
Federal Trade Commission (FTC) ,
FTC Act ,
Healthcare ,
Manufacturers ,
Out-of-Pocket Expenses ,
Pharmaceutical Industry ,
Pharmacies ,
Pharmacy Benefit Manager (PBM) ,
Sherman Act
Pricing algorithms are nothing new. They are, generally speaking, computer programs intended to help sellers optimize prices in real time, or close to it. These programs can use data on demand, costs, or even competitors’...more
Antitrust and tech is in the legal news almost daily, and often multiple times a day. Here are a few recent developments with notable implications that may have flown under the radar: 1) renewed focus on gig economy issues;...more
Over the past year, the Department of Justice (“DOJ”) has increasingly been hot on the heels of suspected anti-competitive labor violations. To date, the DOJ has brought a few actions against employers across industries...more
In 1984, the Supreme Court ruled unanimously that courts must defer to an administrative agency’s reasonable interpretation of an ambiguous statute. But last year, the Supreme Court stripped the FTC of its ability to seek...more
2/7/2022
/ Acquisition Agreements ,
Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Administrative Review ,
Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Certiorari ,
Competition ,
Constitutional Challenges ,
Due Process ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
FTC Act ,
Merger Controls ,
Removal For-Cause ,
SCOTUS ,
Separation of Powers ,
Statutory Interpretation
2021 will be remembered in antitrust law. Not since the 1970s has there been so much chatter over the fundamental purposes of antitrust policy, or such potential for actual sea change.
Originally published in Law360 -...more
1/5/2022
/ Acquisition Agreements ,
Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Consent Decrees ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Merger Reviews ,
Regulatory Agenda ,
Sherman Act ,
Vertical Mergers ,
Warning Letters
Online platforms that allow users to post content face a constant choice: to remove or to not remove, to police or not to police.
Shakespearean allusions aside, platforms generally want user engagement — to reach as many...more
8/13/2021
/ Anti-Competitive ,
Antitrust Provisions ,
Civil Liability ,
Communications Decency Act ,
Online Platforms ,
PACT Act ,
Section 230 ,
Social Media ,
User-Generated Content ,
Website Owner Liability ,
Websites
"Prophesy is a good line of business, but it is full of risks." Mark Twain could have been speaking about the FTC's recent challenge to a merger between the second- and third-largest sterilization companies in the world,...more
The Supreme Court once again showed that, when it comes to the antitrust laws, the consumer is king. In Oneok, Inc. v. Learjet, the Court was asked to decide where state antitrust laws end and federal regulation begins. The...more