The Federal Trade Commission (FTC) is sending mixed messages about how aggressively it intends to enforce the Robinson-Patman Act (RPA). During the Biden administration, the agency filed its first two RPA complaints in over...more
8/21/2025
/ Antitrust Injuries ,
Antitrust Litigation ,
Antitrust Violations ,
Biden Administration ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Interstate Commerce ,
Motion to Dismiss ,
Price Discrimination ,
Regulatory Oversight ,
Robinson-Patman Act ,
Statutory Interpretation ,
Trump Administration
The Department of Justice Antitrust Division (DOJ) has had a busy first half of the year announcing a first-of-its-kind antitrust whistleblower program, new indictments, and several sentencing and fine decisions. Below is a...more
8/1/2025
/ Antitrust Division ,
Antitrust Violations ,
Bid Rigging ,
Cartels ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Procurement Collusion Strike Force ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
Recent antitrust litigation in the cannabis and vape sectors signals intensified scrutiny of pricing practices, distribution restraints, and exclusionary conduct.
Two recent cases, Redbud Roots, Inc. v. Shenzhen Smoore...more
7/29/2025
/ Acquisitions ,
Anti-Competitive ,
Anticompetitive Behavior ,
Antitrust Litigation ,
Antitrust Violations ,
Cannabis Products ,
Mergers ,
Monopolization ,
Noerr-Pennington Doctrine ,
Price-Fixing ,
Pricing ,
Retail Market ,
Sherman Act
The real estate industry is again in the antitrust spotlight, with recent lawsuits targeting the market dominance and listing policies of major players like Zillow, Inc. (Zillow) and the National Association of Realtors...more
7/23/2025
/ Anti-Competitive ,
Anticompetitive Behavior ,
Antitrust Litigation ,
Antitrust Violations ,
Competition ,
Marketing ,
Monopolization ,
National Association of Realtors ,
Popular ,
Real Estate Market ,
Sherman Act ,
Zillow
Companies in a wide range of industries commonly develop incentive programs for vendors, including preferred vendor or loyalty programs, to increase sales or establish loyalty. Acceptance of the terms and conditions of these...more
5/29/2025
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Competition ,
Compliance ,
Contract Terms ,
Incentives ,
Pricing ,
Regulatory Requirements ,
Robinson-Patman Act ,
Sherman Act ,
Vendors
State attorneys general (state AGs) are expected to ramp up antitrust enforcement. Some would argue that enforcement is an effort to fill a perceived gap left by the Trump administration, but state AGs have been signaling...more
5/19/2025
/ Antitrust Litigation ,
Antitrust Violations ,
Corporate Counsel ,
Criminal Prosecution ,
Enforcement ,
Enforcement Actions ,
Healthcare ,
Mergers ,
Pharmaceutical Industry ,
Pharmacy Benefit Manager (PBM) ,
Premerger Notifications ,
Proposed Legislation ,
State Attorneys General
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
If all of the Trump administration’s proposed tariffs take effect, the impact of those tariffs on the US economy and the American people will likely be debated for years to come. Regardless of the outcome of that debate,...more
New Hart-Scott-Rodino premerger notification rules, which took effect in February, require that companies now provide more information than ever before about their prospective mergers. Meanwhile, both federal and state...more
After many attempts, the Department of Justice Antitrust Division (DOJ or Division) has scored the first guilty verdict on a wage-fixing case. For years, the Division has prosecuted wage-fixing and no-poach agreements with...more
Crude oil producers XCL Resources Holdings, LLC (XCL), Verdun Oil Company II LLC (Verdun), and EP Energy LLC (EP) have agreed to pay a $5.6 million civil penalty to settle violations under Section 7A of the Clayton Act, as...more
1/13/2025
/ Acquisitions ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Premerger Notifications ,
Unfair Competition
The US Department of Justice Antitrust Division (DOJ or Division) recently released a revised Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Guidance). The Guidance reflects how the Division...more
1/9/2025
/ Algorithms ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Artificial Intelligence ,
Compliance ,
Corporate Governance ,
Department of Justice (DOJ) ,
Electronic Communications ,
Enforcement ,
Enforcement Actions ,
Federal Contractors ,
Healthcare ,
Medicare ,
New Guidance ,
Risk Management ,
Subcontractors ,
Teaming Agreements