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Antitrust Violations Antitrust Litigation

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

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

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

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

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

Bradley Arant Boult Cummings LLP

Fourth Circuit Decides “Non-Ink-to-Paper” Agreement Among Defense Contractors May Toll Statute of Limitations for Antitrust Claims

On May 9, 2025, the U.S. Court of Appeals for the Fourth Circuit published a significant decision in Scharpf v. General Dynamics Corp., reviving a dormant class action lawsuit against a group of the country’s largest naval...more

Patterson Belknap Webb & Tyler LLP

Plaintiff Shipping Company Appeals Ruling That It “Failed To Deliver the Goods” in Antitrust Suit Against Its Only Competitor in...

On March 11, 2025, Judge Christopher R. Cooper of the U.S. District Court for the District of Columbia granted a shipping company’s motion for summary judgment, dismissing an antitrust case brought by the only other company...more

Proskauer Rose LLP

FTC Focus: Interlocking Directorate Enforcement May Persist

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This article is part of a monthly column that considers the significance of recent Federal Trade Commission antitrust announcements. In this installment, we discuss what to expect from the Trump administration's approach to...more

Perkins Coie

Apple Faces Severe Penalties in Epic v. Apple Case for Violating Injunction and Perjury

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Key Takeaways - - Apple's 27% off-app commission, restrictive link placement, and deceptive conduct with the court led to a finding of civil contempt, financial penalties, and a referral to the U.S. Attorney for potential...more

Goodwin

Regeneron Awarded $407 Million in Amgen Antitrust Suit

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On May 15, 2025, a jury returned a verdict finding Amgen Inc. (“Amgen”) liable for antitrust violations and awarding Regeneron Pharmaceuticals, Inc. (“Regeneron”) over $400 million in damages....more

McCarter & English, LLP

Recent Trends in State Antitrust Enforcement

State attorneys general (state AGs) are expected to ramp up antitrust enforcement. Some would argue that enforcement is an effort to fill a perceived gap left by the Trump administration, but state AGs have been signaling...more

Ward and Smith, P.A.

Antitrust Compliance for North Carolina Construction Companies: Avoiding Legal Pitfalls

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For construction company owners and managers, understanding antitrust laws and implementing effective compliance measures isn't just good business practice, it's essential protection against potentially devastating legal...more

Fenwick & West LLP

DOJ’s Monopolization Wins Against Google May Spur Greater Enforcement Activity Under Trump 2.0

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On April 17, 2025, U.S. District Judge Leonie Brinkema held that Google had violated both Sections 1 and 2 of the Sherman Act by unlawfully monopolizing the publisher ad server and ad exchange markets and engaging in...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - May 2025 #2

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The Fourth Circuit on Friday seemed poised to unravel a federal court’s injunction allowing two NASCAR teams, including one co-owned by NBA legend Michael Jordan, to continue racing as chartered teams while they pursue...more

Mogin Law LLP

Structural vs. Behavioral: Dueling Antitrust Remedies Proposed at Google Ad Trial

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During this week’s trial in Alexandria, Va., the Department of Justice (DOJ) and state attorneys general have outlined a sweeping set of structural and behavioral remedies to curtail Google’s dominance in digital advertising,...more

Troutman Pepper Locke

Illinois and Minnesota AGs Join FTC’s Lawsuit Against Private Equity Firm

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Illinois Attorney General (AG) Kwame Raoul and Minnesota AG Keith Ellison have joined the Federal Trade Commission (FTC) in a lawsuit to block the acquisition of Surmodics Inc. by GTCR BC Holdings LLC, two major manufacturers...more

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