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Corporate Counsel Antitrust Litigation

Patterson Belknap Webb & Tyler LLP

Algorithmic Price-Fixing Cases Reflect Exacting Pleading Standard

Last month, the U.S. District Court for the Northern District of California dismissed an antitrust lawsuit challenging several hotel chains’ use of AI software to suggest allegedly supra-competitive room rates. Dai v. SAS...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

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Secures a $1.1 Million Fine From Amedisys for Deficient Second Request Compliance

On August 7, 2025, the Antitrust Division of the U.S. Department of Justice (DOJ) — together with co-plaintiff attorneys general of Maryland, Illinois, New Jersey and New York (Plaintiff States) — filed a proposed settlement...more

Wilson Sonsini Goodrich & Rosati

Ninth Circuit Clarifies (Somewhat) the Antitrust Risk of Pricing Algorithms

On August 15, 2025, the U.S. Court of Appeals for the Ninth Circuit raised the bar for bringing antitrust claims against companies that provide or use pricing algorithms. The decision begins to clarify an area of antitrust...more

Morrison & Foerster LLP

Class Action Landscape 2025: Mid-Year Trends and Developments

Over the past decade, changes in legislation, case law, and industry practices have driven a sharp increase in opt-out collective proceedings before the UK’s Competition Appeal Tribunal (“CAT”). We have also seen the English...more

Morgan Lewis

Antitrust Scrutiny of ESG Initiatives by State Attorneys General Heats Up

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Recent actions by state attorneys general in Texas and Florida highlight rising antitrust scrutiny of environmental, social, and governance (ESG)-aligned investment strategies and climate disclosure groups. Companies with...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

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

Mintz

Judge Allows Justice Department’s iPhone Monopolization Suit to Proceed

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On June 30, 2025, the US District Court for the District of New Jersey denied Apple’s Motion to Dismiss the U.S. Department of Justice’s (“DOJ”) lawsuit accusing the company of violating Section 2 of the Sherman Antitrust Act...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

Davies Ward Phillips & Vineberg LLP

Expanded Scope for Private Actions Under Canada's Competition Act Now in Effect

Amendments to the Canadian Competition Act (Act) that came into effect on June 20, 2025 significantly expand the rights and incentives for private parties to seek orders from the Competition Tribunal (Tribunal). Among other...more

Blake, Cassels & Graydon LLP

Canada Expands Private Litigation Regime Under Competition Act: Expanded Scope and New Monetary Compensation

The Competition Act’s (Act) expanded private litigation regime takes effect on June 20, 2025, (i) widening the range of conduct susceptible to private applications to the Competition Tribunal (Tribunal), (ii) lowering the...more

McDermott Will & Schulte

The Fix Is In: FTC and DOJ Permit Structural Remedies for Two Major Tech Mergers

The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) each recently announced that they would accept structural remedies to address concerns that two transactions in the technology industry would reduce...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

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

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

Hogan Lovells

Conservative in name only? FTC Commissioner Mark Meador’s theory of antitrust enforcement bears little resemblance to traditional...

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As newly-appointed Republican leaders explain the antitrust enforcement priorities of the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ), one thing is clear: the Trump administration is...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

Dacheng

China’s First Court Ruling on Merger Control Upholds Conditional Clearance of Below-Threshold Deal

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In March 2025, the Beijing Intellectual Property Court issued a landmark ruling—the first case in which a filing party challenged a merger decision by the State Administration for Market Regulation (“SAMR”) through judicial...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up – The Trump Administration’s Criminal Antitrust Enforcement Posture Takes Shape

As previously predicted, the new year and change of administration in the U.S. brought a series of notable developments in criminal antitrust enforcement. Recent actions indicate that the new antitrust leadership in the...more

Hogan Lovells

Trump 2.0 antitrust agenda takes shape in administration’s first 100 days: What we’re seeing and what to expect

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As the first 100 days of President Trump’s second term draw to a close, the new administration’s antitrust enforcement agenda is coming into focus. In recent statements, Federal Trade Commission (FTC) Chair Andrew Ferguson...more

McDermott Will & Schulte

Antitrust Under Trump: April 2025 Updates

As the Trump administration’s antitrust landscape continues to develop, companies should stay alert to key changes in merger filing requirements, remedy expectations, agency personnel, and more. Signs indicate we are entering...more

A&O Shearman

California District Court Grants Software Company’s Motion To Dismiss In Algorithmic Price Fixing Case

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On March 21, 2025, Judge Jeffrey S. White of the United States District Court for the Northern District of California granted defendant software company’s motion to dismiss plaintiffs’ claims of price-fixing under the Sherman...more

McGuireWoods LLP

Trump’s DOJ Antitrust Head Gets to Work

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On March 11, 2025, the U.S. Senate confirmed Gail Slater to lead the U.S. Department of Justice’s Antitrust Division. Slater received bipartisan support in her confirmation....more

Morgan Lewis

AI and Algorithmic Pricing: 2025 Antitrust Outlook and Compliance Considerations

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While algorithmic pricing has been used in many industries for decades, the rapid development of artificial intelligence (AI) technology has led antitrust enforcers—including federal agencies and state attorneys...more

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