The latest in antitrust and competition law
Inside Competition is designed to help companies identify important legal developments in antitrust and competition law in the United States.
In addition to reporting on antitrust litigation and enforcement actions over the previous month, this bulletin will address policy developments, regulatory trends, and agency priorities shaping competition law today.
Our goal is to provide insights that help businesses identify risk, respond to investigations, and compete in a rapidly evolving legal landscape.
Civil litigation
Ninth Circuit affirms dismissal of price-fixing suit against Las Vegas hotels and software provider. In Gibson, et al. v. Cendyn Group, LLC, et al., 24-3576, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative class action alleging that Las Vegas hotel casinos, including Caesars Entertainment, Inc., Treasure Island LLC, and Wynn Resorts Holdings LLC, conspired through the use of Cendyn Group, LLC’s software to inflate room rates. The plaintiffs did not contest the district court’s finding that they failed to sufficiently allege direct evidence of an agreement among the hotel defendants. Instead, the plaintiffs argued that the hotels’ individual license agreements with the software provider resulted in aggregate anticompetitive effects in the relevant market for hotel room rentals on the Las Vegas strip. The appeals court found that the plaintiffs failed to sufficiently allege that the terms or the operation of the software licensing agreements unreasonably restrained trade and did not establish a violation of Section 1 of the Sherman Act.
Minor League baseball players petition the Supreme Court to overturn baseball’s antitrust exemption. In Concepcion, et al., v. Office of the Commissioner of Baseball, dba MLB, et al., 25-199, a class of Minor League baseball players petitioned the US Supreme Court on August 19, 2025 to review a ruling from the US Court of Appeals for the First Circuit that affirmed the dismissal of class claims alleging that Major League Baseball (MLB) conspired to uniformly fix salaries paid to Minor League players prior to 2023 in violation of the Sherman Act. The players asked the Supreme Court to revisit its 103-year-old decision in Federal Base Ball Club of Baltimore v. National League of Professional Baseball Clubs, 259 U.S. 200 (1922), which exempted baseball from antitrust scrutiny on the basis that the “business of baseball” did not involve interstate commerce. The players also asked the court to determine the constitutionality of the Curt Flood Act, 15 U.S.C. § 26b, which the players claim deprives Minor League players of equal protection under antitrust laws.
Law and medical school organizations face separate antitrust lawsuits in Pennsylvania and Washington, DC over application fees. In Risner v. Law School Admission Council; 2:25-cv-04461 (E.D. Pa.) and Durbal v. Association of American Medical Colleges; 1:25-cv-02537 (D.D.C.), the proposed classes of applicants allege that the Law School Admissions Council and the Association of American Medical Colleges each maintain a monopoly over the application platform market and act with their member schools to fix prices for application fees in violation of Sections 1 and 2 of the Sherman Act. Both suits were filed on August 4, 2025 and were brought by the same law firm.
Criminal enforcement
Former New York City school business manager sentenced for bid rigging. On August 19, 2025, the US Department of Justice (DOJ) announced that Victor A. Garrido, owner of TranscendBS LLC and former business manager for the New York City Department of Education (NYC DOE), was sentenced to six months in prison for rigging bids on contracts with dozens of New York City public schools. Garrido and his company were also ordered to pay $141,511 in restitution to the NYC DOE. According to the DOJ, Garrido and his co-conspirators submitted fake, artificially high competitor bids to ensure TranscendBS appeared as the lowest bidder for business consulting contracts, impacting approximately 28 schools and resulting in more than $141,000 in losses. Garrido also admitted to fraudulently obtaining more than $20,000 in COVID-19 unemployment benefits and failing to file or pay taxes for himself or his company from 2020 to 2023. The prosecution is part of the DOJ’s broader efforts via the Procurement Collusion Strike Force to combat antitrust crimes and fraud in government procurement.
Civil enforcement
US court imposes antitrust remedies on Google over search monopoly. The US District Court for the District of Columbia issued a landmark antitrust ruling against Google on September 2, 2025, imposing significant remedies to address its monopoly in search and search advertising. Remedies include banning exclusive contracts, preventing Google from tying Play Store agreements to search placement, requiring access to certain search data for competitors, and mandating public disclosure of ad auction changes. The court rejected more sweeping proposals, such as asset divestiture and mandatory choice screens. Google has signaled it will appeal the court’s decision. Read more in our alert.
FTC files suit against LA Fitness over online subscription practices. On August 20, 2025, the FTC filed a complaint in the Central District of California against Fitness International, LLC and Fitness & Sports Clubs, LLC (together, LA Fitness), alleging that LA Fitness enrolls consumers in memberships and dozens of add-on services containing negative-option features without providing clear, conspicuous disclosures or a simple way to cancel in violation of the FTC Act and the Restore Online Shoppers’ Confidence Act (ROSCA). The FTC’s case against LA Fitness arrives not long after the US Court of Appeals for the Eighth Circuit vacated the FTC’s click-to-cancel rule, underscoring that the FTC will continue to police subscription practices and that the absence of the click-to-cancel rule cannot be viewed as a safe harbor.
FTC files suit against ticket brokers. The Federal Trade Commission (FTC) sued ticket brokers over allegedly artificially high prices the brokers allegedly imposed on hundreds of thousands of tickets for Taylor Swift’s Eras Tour in FTC v. Key Investment Group LLC, et al., 1:25-cv-02716, in the US District Court for the District of Maryland. The FTC alleges that Maryland-based ticket broker Key Investment Group and its affiliated companies used unlawful tactics to exceed purchasing limits and then re-list tickets at significantly higher prices. The FTC alleges that Key Investment Group purchased and resold more than 350,000 tickets in just over a year. For just one Taylor Swift concert, the FTC alleges the defendants purchased 273 tickets across 49 different accounts and collected more than $119,000 in revenue from resale.
Federal judge blocks FTC’s investigation of media matters. Judge Sparkle Sooknanan of the US District Court for the District of Columbia issued a preliminary injunction in Media Matters for America, v. FTC, 25-1959, blocking the FTC’s investigation into liberal watchdog group Media Matters. The FTC launched an investigation into Media Matters in May 2025, arguing the company illegally colluded with other advocacy groups to restrict revenue to X (formerly Twitter) after Media Matters reported that ads on X appeared next to antisemitic content. Judge Sooknanan held that the FTC’s investigation violated the free speech of Media Matters. On August 26, 2025, the FTC filed an emergency motion to stay in the US Court of Appeals for the DC Circuit, arguing the preliminary injunction should be blocked pending appeal.
Merger review and challenges
Merger challenge based on potential competition. On August 6, 2025, the FTC challenged the proposed acquisition of JenaValve Inc. by Edwards Lifesciences Corporation. This acquisition represents the second pre-revenue company developing transcatheter aortic valve replacement (TAVR) devices for the treatment of aortic regurgitation to be acquired by Edwards. According to the FTC’s complaint, JenaValve is nearing FDA approval for its device, and the acquisition will eliminate significant competition between the only two pre-revenue companies actively developing TAVR devices in the US.
Merger settlement includes penalties for HSR Act noncompliance. On August 7, 2025, the DOJ’s Antitrust Division, together with several State Attorneys General, reached a settlement resolving its challenge to UnitedHealth Group’s proposed acquisition of Amedisys Inc. The settlement requires UnitedHealth to divest at least 164 home health and hospice facilities. In a notable development, Amedisys is required to pay $1.1 million and implement compliance training following allegations that the company failed to properly certify compliance with Hart-Scott-Rodino (HSR) document production requirements during the merger review process.
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