Fierce Competition Podcast | Private Equity Under the Antitrust Microscope
The Latest on Antitrust Compliance
The Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) recently announced a series of proposed merger settlement agreements that offer increased insight into how the agencies intend to use...more
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
The Supreme Court has been asked to review the Fourth Circuit’s Duke Energy Carolinas, LLC v. NTE Carolinas II opinion endorsing the controversial “monopoly broth” theory, which permits the aggregation of independently lawful...more
The FTC and DOJ under President Trump have each recently approved divestiture remedies for potentially anticompetitive mergers, signaling a significant departure from the practice of the Biden administration, which viewed...more
For twenty-five years prior to the Biden Administration, FTC and DOJ consent agreements have had a singular goal: to remedy the anticompetitive effects of proposed transactions. Under former Chair Khan, however, the FTC...more
Rough Terrain Ahead: New York Ski Resort Operator Appeals Ruling That It Violated Antitrust Law by Buying Out Direct Competitor - Intermountain Management Inc. (“Intermountain”), a company operating popular ski areas...more
The rise of artificial intelligence (AI) and its widespread availability raise questions regarding its potential use in violating EU competition law. ...more
On January 15, the Federal Trade Commission (FTC), Minnesota, and Illinois filed a lawsuit against Deere & Company (Deere). The complaint, which Michigan, Wisconsin, and Arizona have since joined, accuses Deere of creating...more
The FTC announced that it is directing its Bureau of Competition, Bureau of Consumer Protection, Bureau of Economics, and Office of Policy Planning to form a Joint Labor Task Force to address deceptive, unfair, and...more
On February 26, 2025, Andrew N. Ferguson, the newly appointed Chair of the Federal Trade Commission (FTC), issued a memorandum outlining the agency’s populist agenda and directing the formation of a “Joint Labor Task Force”...more
What the final days of the Biden administration portend for private equity enforcement in Trump 2.0 - During the final days of the Biden administration, the Antitrust Division of the Department of Justice (DOJ) and the...more
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
In a recent decision, Roberta Ann K.W. Wong Leung Revocable Trust v. Amazon.com, Inc., No. 2023-1251-BWD (Del. Ch. Oct. 24, 2024), the Delaware Court of Chancery answered that question in the affirmative, shutting down a...more
On December 10, 2024, President-elect Trump named FTC Commissioner Andrew Ferguson as next Chairman of the Federal Trade Commission (FTC), replacing Chair Lina Khan on January 20, 2025. As a Senate-approved sitting...more
President-elect Trump will act quickly to replace Federal Trade Commission Chair Lina Khan and roll back certain Biden-era antitrust initiatives. The new administration is likely to bring a more favorable merger review...more
Recently, the Ninth Circuit Court of Appeals affirmed a district court’s decision finding a delegation clause in an arbitration agreement to be both procedurally and substantively unconscionable and, moreover, that...more
As we have discussed in a prior bulletin and a more detailed analysis, Canada’s Competition Act was recently amended to both (i) establish a new, more expansive framework for challenging anti-competitive conduct by dominant...more
At the Federal Trade Commission's (FTC) open meeting this month, agency staff and commissioners discussed the recently launched " Merger Portal." The portal is available on the FTC's website and provides the public with an...more
In the long-awaited newest chapter of case law discussing the validity and enforceability of arbitration clauses and class action waivers, the Ninth Circuit on October 28, 2024, dealt a setback, though not a fatal blow, to...more
On October 24, 2024, to the surprise of many legal observers and fashion industry executives, the Federal Trade Commission (FTC) secured a preliminary injunction blocking a proposed $8.5 billion deal between Tapestry and...more
Case pits newcomer against colossus said to control as much as 80-90% of the market. Particle Health Inc., a young healthcare data platform provider, has filed an antitrust complaint against Epic Systems Corp., the dominant...more
Exclusionary conduct has been a key to Visa’s success. The Antitrust Division of the Justice Department filed a civil antitrust lawsuit against Visa Inc. in the Southern District of New York yesterday for illegal...more
Welcome to Juntos, our bulletin that explores antitrust and competition developments across US-Latin America. In this issue, we look at key headlines from throughout 2024....more
There has been a spate of legislation and lawsuits targeting the use of software that gives visibility to competitors’ prices. This allows firms to adjust their prices, either undercutting the competition or setting a de...more
What Happened? As reported by Alston & Bird’s Antitrust Group, the Federal Trade Commission and the Department of Justice hosted the first public meeting of the Strike Force on Unfair and Illegal Pricing (the “Strike...more