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Axinn, Veltrop & Harkrider LLP

First Appellate Ruling on Algorithmic Pricing: What the Ninth Circuit Said Versus What It Did

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In Gibson v. Cendyn Group, the U.S. Court of Appeals for the Ninth Circuit became the first federal court of appeals to evaluate an antitrust claim based on algorithmic pricing. The plaintiffs-appellants brought suit under...more

McGuireWoods LLP

Seventh Circuit Requires District Courts to Resolve “Battle of Experts” Before Deciding Class Certification

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Gone are the days when district courts in the Seventh Circuit can grant class certification without resolving conflicting expert evidence. On Aug. 5, 2025, the U.S. Court of Appeals for the Seventh Circuit, in Arandell...more

Kilpatrick

“No-poach” class actions: Fourth Circuit reinstates naval engineers’ Sherman Act claims against shipbuilders

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Takeaway: We have written about “no-poach” class actions, in which employers allegedly conspire not to recruit or hire each other’s employees with the intent of driving down wages. See Eleventh Circuit reinstates no-hire...more

A&O Shearman

Ninth Circuit Rules In Favor Of Merging Parties In Microsoft/Activision Appeal

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On May 7, 2025, the United States Court of Appeals for the Ninth Circuit affirmed a lower court opinion that denied the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction against Microsoft’s acquisition of...more

Fisher Phillips

Game On! Federal Appeals Court Revives Antitrust Challenge to Seattle’s Gig Worker Union Organizing Ordinance

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If you’ve been following the legal fight over Seattle’s 2015 proposal to permit ride-sharing drivers who work for companies such as Uber and Lyft to organize and form the country’s first gig economy unions, you might feel...more

Mintz

Philadelphia Cabbies Lose Appeal in Monopoly Case Against Uber

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In broad language, a Third Circuit panel affirmed a district court’s dismissal of a monopoly suit against Uber Technologies Inc. (“Uber”). Philadelphia Taxi Association Inc. v. Uber Technologies Inc., Case No. 17-1871 (3rd...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

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On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

K&L Gates LLP

Fit (Not) to Be Tied: Three Tricky Questions Every Company Must Ask When Selling Discounted Bundles of Products

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From corner taco stands to corner offices, the discounted product bundle is ubiquitous. McDonald’s offers Extra Value Meals. Microsoft offers Office. Morgan Stanley offers Prime Brokerage. Like countless companies, these...more

Proskauer Rose LLP

Preserving Pedigree: The Fifth Circuit Reverses Lower Court's Finding of Antitrust Conspiracy Involving Quarter Horse Association...

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In a closely watched case out of a Texas federal court, the Fifth Circuit recently reversed the district court and found that the evidence was insufficient to show that the American Quarter Horse Association (AQHA) unlawfully...more

McDermott Will & Emery

Sham-Wow! Antitrust Liability May Attach to Sham Administrative Petitions

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Addressing whether the “sham” exception to Noerr-Pennington immunity is limited to sham litigation in courts, the U.S. Court of Appeals for the Federal Circuit vacated a lower court’s summary judgment of no antitrust...more

McDermott Will & Emery

Contractual Duty to Deal Does Not Equal Antitrust Duty to Deal

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Addressing for the first time whether a patent holder under a contractual duty to deal is also subject to an antitrust duty to deal, the U. S. Court of Appeals for the Second Circuit upheld dismissal of a putative antitrust...more

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