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Antitrust Violations

White & Case LLP

More nuanced approach to the assessment of no-poach agreements under EU competition law? AG Emiliou Opinion in the Portuguese...

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On 15 May 2025, Advocate General Emiliou issued his opinion in the Portuguese football no-poach case. The AG opinion is of particular interest given the European Commission's increased scrutiny of labour market related...more

Perkins Coie

European Commission Finds Apple’s Steering Practices Breach the DMA

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The European Commission has determined that Apple infringed Article 5(4) of the DMA by imposing prohibitions and/or restrictions on the ability of app developers to promote offers on, direct (or “steer”) users to, and...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

McDermott Will & Emery

FTC Revives Orange Book Listing Challenges

On May 21, 2025, the Federal Trade Commission (FTC) issued its third round of warning letters – and its first under the Trump administration – against pharmaceutical manufacturers for allegedly improper listing of patents in...more

Morrison & Foerster LLP

Shifting Tariff Response Strategies: How Can Companies Avoid Antitrust Risk?

In the current economic environment, where tariffs are being discussed, proposed, or implemented, with potential impact on many industries, companies are feeling pressure to rethink or adjust their pricing strategies....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

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — June 2025

The SEC’s mandatory climate disclosure rule remains stayed pending the outcome of the current litigation in the Eighth Circuit. Recently, however, Republican SEC Commissioner Mark Uyeda suggested that the Trump administration...more

Axinn, Veltrop & Harkrider LLP

FTC Peeling Back the Layers of the Orange Book

The Federal Trade Commission (FTC) is continuing to pursue pharmaceutical manufacturers for allegedly improperly listing patents in the “Orange Book,” delaying the entry of generic drug competitors. On May 21, the FTC...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

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

Lewitt Hackman

Franchisor 101: Farsighted Vision for System Changes

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An Ohio federal court granted a franchisor’s motion to dismiss a putative class of franchisees alleging antitrust violations and related claims, including interference to deflate franchisees’ reimbursement rates. Other class...more

White & Case LLP

Arkansas Bans PBMs from Owning Pharmacies, Escalating Scrutiny of Vertical Integration in Pharmacy Distribution

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In a first-of-its-kind move, Arkansas Governor Sarah Huckabee Sanders has enacted legislation prohibiting pharmacy benefit managers ("PBMs") from owning or operating pharmacies within the state. The law—Act 624—takes effect...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

Foley & Lardner LLP

U.S. and International Antitrust Agencies Signal Aggressive Antitrust Enforcement in Procurement, Consumer Products, and Labor...

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As we previously reported on April 15 and April 28, the Department of Justice (DOJ) and Federal Trade Commission (FTC) are increasingly monitoring companies for anticompetitive conduct in response to rising costs following...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

Arnall Golden Gregory LLP

Health Insurers Under Fire: New Administration Cracks Down on Evasive Pricing Practices

Health insurance regulations are rapidly shifting with unprecedented intensity. Amid growing public outrage over evasive and abusive pricing practices by insurers and years of federal underenforcement, the new administration...more

Dacheng

China Monthly Antitrust Update: May 2025

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This monthly report outlines key developments in China’s antitrust sector for May. The following events merit special attention...more

Fisher Phillips

NCAA Eligibility Rules in Jeopardy: Key Points on the Lesser-Known Threat to Longstanding College Athletics Practices

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On top of the House v. NCAA settlement that’s poised to upend amateurism, recent challenges to the NCAA’s eligibility rules threaten to disrupt another longstanding practice in college athletics. Most recently, a federal...more

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