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Antitrust Litigation

McDermott Will & Emery

Bulletin Concurrence XIV - Paris | Janvier ● Février ● Mars ● Avril 2025

1. CONTENTIEUX EPILOGUE DE L’AFFAIRE DES COMPOTES - Par un arrêt en date du 8 janvier 2025, la Cour de cassation a mis un point final à la saga du cartel des compotes en rejetant les pourvois formés contre l’arrêt de la...more

Jackson Lewis P.C.

Next Era for College Athletics Begins as NCAA Implements $2.8B Settlement Agreement: Key Changes

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The NCAA has announced “a new era” in college sports, touting “unprecedented” benefits for student-athletes following the U.S. District Court for the Northern District of California’s long-awaited approval of the $2.8 billion...more

Kaufman & Canoles

Key Takeaways from the NASCAR Antitrust Lawsuit and Today’s Ruling from the U.S. Court of Appeals

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Two NASCAR Cup Series race teams, 23XI Racing, an organization co-owned by basketball star Michael Jordan, and Front Row Motorsports, are engaged in litigation against NASCAR regarding claims of antitrust violations against...more

Seyfarth Shaw LLP

States Seeking Remedies for the Rising Costs of Prescription Drugs

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As expected, the lawsuits have commenced following the enactment of the Arkansas legislation prohibiting pharmacy benefit managers (PBM’s) from owning or operating actual pharmacies within the state. Michigan has filed its...more

Proskauer Rose LLP

Three Point Shot - May 2025

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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

Epstein Becker & Green

Commissioner Meador Dispels Myths About Antitrust Enforcement

On May 5, 2025, the newest Commissioner of the Federal Trade Commission (FTC), Mark R. Meador, spoke at the Second Annual Antitrust Conference at George Washington University....more

Wilson Sonsini Goodrich & Rosati

Cartel Facilitated by a Minority Stake in a Competitor Sanctioned by the European Commission

On June 2, 2025, the European Commission (EC) announced that it had fined food delivery companies Delivery Hero and Glovo a total of €329 million for participating in a cartel in the online food delivery sector in violation...more

Troutman Pepper Locke

What Can We Glean From the Antitrust Division’s First Merger Settlement?

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On June 2, the Department of Justice, Antitrust Division, agreed to its first settlement of a merger challenged under the new administration, less than one week after the Federal Trade Commission (FTC) entered into its first...more

Cornerstone Research

Q&A with Phil Leslie: Pioneering Innovation in Economic Consulting

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We interview Phil Leslie, Cornerstone Research’s new Chief Technology and Innovation Officer, to gain his insights on the intersection of economics and technology in the age of artificial intelligence (AI). ...more

Vedder Price

FTC Chair Issues Statement on Merger Remedies

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In an eight-page Statement joined by the two other sitting Commissioners, FTC Chair Andrew Ferguson on May 30, 2025 explained his reasoning for accepting a divestiture remedy proposed by Synopsis, Inc. and Ansys, Inc. to...more

Zelle  LLP

Stop, Collaborate and Listen! What to Know About the FTC and DOJ’s Withdrawal of the Competitor Collaboration Guidelines

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In his eponymous 1990 hit, Robert Van Winkle—Vanilla Ice—promised: “If there was a problem yo I’ll solve it.” If only the FTC and DOJ (the “Agencies”) could make the same pledge. Instead, their sudden decision to withdraw...more

Herbert Smith Freehills Kramer

Certification tracker of UK competition class actions (CPO applications) filed at the Competition Appeal Tribunal We outline the...

The graphic below tracks the number of competition class actions (CPO applications) filed at the Competition Appeal Tribunal (CAT) since the introduction of a new 'opt-out' regime in the UK in October 2015, as well as the...more

WilmerHale

Meet the New Boss, Not So Different From the Old Boss? Antitrust in the Trump Era

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After President Trump’s election for a second term, those predicting where federal antitrust enforcement was headed had to contend with internal tensions in the Trump coalition that extend to economic policy more broadly:...more

Troutman Pepper Locke

What Does the New Administration's First Antitrust Merger Settlement Tell Us?

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The Federal Trade Commission (FTC) has agreed to accept the new administration's first settlement of a merger-enforcement challenge. The settlement includes the divestiture of three businesses and will allow Synopsys, Inc. to...more

King & Spalding

Washington District Court Limits Litigants’ Ability to Claw Back Privileged Documents Erroneously Produced in Discovery

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On April 29, 2025, United States District Judge John H. Chun of the Western District of Washington issued an order denying defendant Amazon’s request to claw back privileged documents it argued had inadvertently produced in...more

Wilson Sonsini Goodrich & Rosati

And Just Like That: Remedies Are Back at the FTC

The Federal Trade Commission (FTC or Commission) recently announced that it will require Synopsys, Inc. (Synopsys) and Ansys, Inc. (Ansys) (together, “the parties”) to divest certain assets to resolve antitrust concerns...more

Arnall Golden Gregory LLP

The Pitch - May 2025

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Cooley LLP

Antitrust Scrutiny of the ‘Big Three’ Asset Managers’ ESG Policies Heats Up

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As noted in this WSJ article, the Department of Justice and Federal Trade Commission recently raised concerns in a “joint statement of interest” that large asset managers – including the “Big Three” of BlackRock, Vanguard and...more

Bennett Jones LLP

Class Actions: Looking Forward 2025

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We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to...more

Axinn, Veltrop & Harkrider LLP

Patman Returns … and Retreats Again

When agency enforcement of the Robinson-Patman Act (RPA) was revived near the end of the Biden administration, it was met with mixed reactions. Given the Republican Commissioners’ disapproval of the complaints, it came as no...more

McCarter & English, LLP

McCarter’s Playing Field: Sports Law Insights - May 2025

House v. NCAA Update- As previously reported, the April 7 House v. NCAA hearing ended with Judge Wilken giving the settlement parties an opportunity to address certain concerns regarding the implementation of roster limits...more

Hogan Lovells

FTC and DOJ support Republican State Attorneys General in antitrust case targeting corporate ESG initiatives

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The Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have filed a Statement of Interest (SOI) supporting a lawsuit brought by a coalition of Republican states alleging that three large...more

Axinn, Veltrop & Harkrider LLP

The Texas v. Blackrock ESG Case: The FTC and DOJ Have Entered the Chat

On May 22nd, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) filed a joint Statement of Interest in a case against several prominent asset managers brought last year by the Texas Attorney General. In...more

McCarter & English, LLP

Antitrust Considerations in Preferred Vendor and Loyalty Program Agreements

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

Mintz

Trump Administration Files Statement of Interest Supporting State AG Action Against Asset Managers Accused of ESG-related...

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Last week, the Trump Administration's FTC and DOJ (Antitrust Division) filed a statement of interest in support of a lawsuit filed last November by eleven Republican state attorneys-general against three major asset managers...more

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