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Antitrust Litigation

Mogin Law LLP

DOJ: Undermining “Viewpoint Competition” Constitutes Antitrust Injury

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Just like any market in which competitors sell goods and services, the Department of Justice Antitrust Division argues that the marketplace of ideas, diversity of perspectives, and “viewpoint competition” are subject to...more

A&O Shearman

Court Dismisses Student Athlete Name, Image, Likeness Putative Class Action

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On July 18, 2025, U.S. District Judge Sarah Morrison of the Southern District of Ohio granted motions filed by the Ohio State University (“OSU”), Learfield Communications, the National Collegiate Athletic Association (“NCAA”)...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2025 #5

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Professional swimmers have reached a settlement ending their claims accusing the sport’s international governing body of organizing a group boycott against an upstart league, while the league’s antitrust claims against the...more

Charles E. Rounds, Jr. - Suffolk University...

Employing a trust-law hypothetical to illustrate the universal preliminary injunction’s incompatibility with equity doctrine that...

A federal trial judge in the course of adjudicating a controversy temporarily enjoins nationwide enforcement of a law. The universal preliminary injunction (UPI), however, is incompatible with the Anglo-American legal...more

McCarter & English, LLP

Antitrust Law in the Cannabis Sector

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

Fenwick & West LLP

Washington Becomes First State to Enact ‘Mini HSR’ Notification Requirement

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As of July 27, 2025, federal Hart-Scott-Rodino (HSR) Act filings will also need to be submitted to the Washington Attorney General (WA OAG) under Washington State’s Antitrust Premerger Notification Act (APNA) if the parties...more

Cornerstone Research

Applying the Hypothetical Monopolist Test to Labor Markets: Lessons from FTC v. Kroger Co.

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FTC v. Kroger Co., an early test of the 2023 Merger Guidelines, focused on competition within labor markets as well as within product markets. In its decision, the court noted that it was “not aware of any standard economic...more

Pullman & Comley, LLC

Deadline Reminder: BCBS Settlement Claims Due by July 29, 2025

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Health care providers who have treated or provided services, equipment, or supplies to patients insured by Blue Cross Blue Shield (BCBS) between July 24, 2008 and October 4, 2024 may be entitled to compensation under a $2.67...more

Napoli Shkolnik

What the MultiPlan MDL Tells Us About Rebrands During Litigation

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When a company faces mounting public scrutiny, especially in high-stakes litigation, it sometimes does what any crisis playbook might suggest: change the name. It’s not a financial reset. It’s a reputational one, and a...more

Troutman Pepper Locke

Seventh Circuit Overturns Fourqurean Fifth-Year Preliminary Injunction

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On July 16, the U.S. Court of Appeals for the Seventh Circuit, in a 2-1 decision, overturned a preliminary injunction that would have granted University of Wisconsin cornerback Nyzier Fourqurean a fifth year of eligibility....more

McCarter & English, LLP

Compass v. Zillow and The PLS.com v. NAR: Antitrust Lawsuits Could Reshape Real Estate Marketing

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

Venable LLP

Seventh Circuit Reverses Eligibility Win for NCAA Athlete Nyzier Fourqurean

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In a major victory for the NCAA, the U.S. Court of Appeals for the Seventh Circuit has reversed a district court's preliminary injunction giving University of Wisconsin defensive back Nyzier Fourqurean another year of...more

A&O Shearman

US District Court Dismisses Antitrust Claims In Connection With Payment Network Market

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On July 10, 2025, US District Judge David Dugan of the Southern District of Illinois (S.D. Ill.) granted without prejudice motions of Apple and two payment network providers to dismiss antitrust claims by a putative class of...more

Mogin Law LLP

Supreme Court Asked to Rule on “Monopoly Broth” Theory

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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

Mogin Law LLP

Artificial Intelligence Litigation Roundup: The First Wave

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It both rivals and compounds the transformation brought to us by advancements in computing technology, mobile technology, and the internet. The rapid evolution and commercialization of artificial intelligence (AI) tools has...more

Flaster Greenberg PC

The House Settlement: College Athletics Panacea or Pandora’s Box?

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On June 6, 2025, U.S. District Judge Claudia Wilken approved a settlement allowing NCAA schools to pay student-athletes in an agreement now simply known as The House Settlement. The House Settlement directly resolved...more

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – May/June 2025

The firm is pleased to distribute the European Antitrust Bimonthly Bulletin, which breaks down the major antitrust developments in Europe in the past two months into concise and actionable takeaways....more

Venable LLP

Title IX Goes Head to Head with Antitrust: NCAA NIL Settlement Challenged by Female Student-Athletes in House v. NCAA

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For anyone who thought an unprecedented $2.8 billion settlement agreement actually resolved one of the many murky issues of student-athlete compensation in college athletics —not so fast. On June 6, federal Judge Claudia...more

A&O Shearman

After Twenty Years, In Re Rail Freight Ends With Summary Judgment For Defendant Rail Companies After Judge Finds Inadequate...

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On June 24, 2025, the United States District Court for the District of Columbia granted defendant rail companies’ motion for summary judgment on a Sherman Act Section 1 claim. In a lengthy and sweeping multi-district...more

Sheppard Mullin Richter & Hampton LLP

Cement and Concrete Admixture Price Fixing Conspiracy Allegations Not Strong Enough to Survive Motion to Dismiss

Judge Lewis Liman in the Southern District of New York recently dismissed antitrust complaints brought by direct and indirect purchasers against six major suppliers of concrete admixtures, cement additives, admixtures for...more

Axinn, Veltrop & Harkrider LLP

Hanging in the Balance: Supreme Court Declines to Decide the Uninjured Class Member Question in Labcorp v. Davis

Labcorp v. Davis brought a pivotal question to the fore: Can a court certify a class under Federal Rule of Civil Procedure 23(b)(3) that includes uninjured members? The case had the potential to significantly affect forum...more

Vinson & Elkins LLP

Colorado Shifts to Robust State-Level Antitrust Enforcement Regime

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Colorado’s antitrust landscape is undergoing a fundamental transformation — not just because of the sweeping legislative changes enacted in 2023, but also due to the assertive approach now being taken by the Colorado Attorney...more

Epstein Becker & Green

FTC Challenges Merger Based on Potential Coordinated Effects Theory, Accepts Conduct Remedy

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A recent enforcement action by the Federal Trade Commission (FTC) is particularly noteworthy because of the theory of potential harm and the accepted remedy....more

Burr & Forman

How the Birthright Citizenship Issue Could Have Fundamentally Affected College Athletes' NIL Rights

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Introduction - While intended to clarify applicable laws, U.S. Supreme Court rulings sometimes have consequences that impact society in unexpected ways.  These unintended consequences can range from altering the...more

Alston & Bird

No-Poach Agreements in the Spotlight: European Competition Authorities Zooming in on Labour Market Collusion

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Our Antitrust Team summarizes the most recent focus of European Competition Authorities on restrictive practices in labor markets....more

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