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Enforcement Actions Unfair Competition

Lathrop GPM

FTC Voluntarily Dismisses Recently Filed Suit Against PepsiCo for Illegal Price Discrimination

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On May 22, 2025, the Federal Trade Commission (FTC) voluntarily dismissed its case against PepsiCo alleging price discrimination in violation of the Robinson-Patman Act. Federal Trade Commission v. PepsiCo, Inc.,...more

Kohrman Jackson & Krantz LLP

Our Value is Brand Value

In today’s ecommerce-driven economy, brand owners face a relentless challenge: unauthorized resellers who flood online marketplaces with products that undermine brand value, confuse consumers and compromise quality standards....more

Farella Braun + Martel LLP

To Catch A Fashion Thief: Trend Chasing or IP Infringement?

Fighting knock-offs in the fashion industry is notoriously difficult. Copyright, trademark, and trade dress laws offer some protection for branding and marketing materials used to sell fashion products, as well as for...more

Dacheng

China Monthly Antitrust Update: July 2025

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This monthly report outlines key developments in China’s antitrust sector for July. SAMR Solicits Public Comments on the Revised Provisions on the Prohibition of Monopoly Agreements, Refining the “Safe Harbor” Standards for...more

Jenner & Block

Delaware Court Refuses to Enforce or Modify Overbroad Noncompete in Cleveland Integrity Services v. Byers

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In Cleveland Integrity Services, LLC v. Byers (Del. Ch. Feb. 28, 2025), the Delaware Court of Chancery declined to enforce a two-year non-compete agreement that it found to be geographically overbroad and refused to narrow or...more

Quarles & Brady LLP

China's Sweeping 2025 Anti-Unfair Competition Law Revision: Far-Reaching Impacts on Brand Protection, Data Governance, eCommerce,...

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On June 27, 2025, China’s National People’s Congress Standing Committee enacted a landmark revision to the Anti-Unfair Competition Law (AUCL), effective October 15, 2025. This sweeping update is the most significant since the...more

K&L Gates LLP

Uneven Pour: FTC's Robinson-Patman Enforcement Sees Mixed Results as Pepsi Case Goes Flat and Southern Glazer's Orders Another...

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Since the publication of “Rum and Coke: The FTC Targets Soft Drinks and Alcohol in the Revival of Robinson-Patman Act Enforcement–What’s Next?”, new developments have continued to shape the enforcement landscape of the...more

Dacheng

China Monthly Antitrust Update: June 2025

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This monthly report outlines key developments in China’s antitrust sector for June. The following events merit special attention: SAMR Seeks Comments on Provisions for Curbing Acts of Abusing Administrative Power to Eliminate...more

Sheppard Mullin Richter & Hampton LLP

Beyond Copyright: Reddit’s Lawsuit Against Anthropic

On June 4, 2025, Reddit, Inc. (“Reddit”) filed suit against Anthropic, PBC (“Anthropic”) in the Superior Court of California, alleging that Anthropic scraped and commercially exploited Reddit user data—including deleted...more

Cadwalader, Wickersham & Taft LLP

The Robinson-Patman Act: Public Enforcement Rejoins the Private Bar

Building upon developing momentum in the courts and among commentators, government enforcers and the private bar have seen recent successes in litigation involving the Robinson-Patman Act (RPA). The FTC in April notched a win...more

Dacheng

China Monthly Data Protection Update: May 2025

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

Brownstein Hyatt Farber Schreck

California Warns Foreign Bribery Can Still Lead to State Liability

California’s attorney general recently reminded businesses that regardless of what the Trump administration does, businesses can still be responsible for violations of state law. In a recently issued legal advisory, state...more

Kerr Russell

Michigan AG Alleges Anticompetitive Agreement Between Pharmacy Benefit Managers

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Michigan Attorney General Dana Nessel sued Express Scripts Inc. and Prime Therapeutics LLC, two pharmacy benefit managers (PBMs), in the U.S. District Court for the Eastern District of Michigan on Monday, April 28, 2025....more

Epstein Becker & Green

As State Legislatures Debate Strengthening the Corporate Practice of Medicine Limitations, a Drug Manufacturer’s Lawsuits Shine a...

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Drug manufacturer Eli Lilly has filed suit against four companies involved in making, prescribing, and/or selling compounded versions of its weight loss and diabetes drugs ZEPBOUND® and MOUNJARO®....more

Vinson & Elkins LLP

Wage-Fixing: An Alternative to DOJ’s No-Poach Prosecutions?

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On April 14, 2025, the Department of Justice (“DOJ”) obtained a high-profile “wage-fixing” conviction under the Sherman Act against a former executive of multiple home health care agencies (“HHAs”). A federal jury convicted...more

Foley Hoag LLP - State AG Insights

Will State AGs Fill the Gap in FCPA Enforcement?

Since the start of President Trump’s second administration, some State Attorneys General (AGs) have actively responded to executive orders and policy directives, including by initiating legal challenges in federal courts. Now...more

Wilson Sonsini Goodrich & Rosati

Perseverance Pays Off for DOJ in Labor Market Criminal Trial

After several unsuccessful attempts to convict a company or individual at trial for wage-fixing or a no-poach agreement, the Department of Justice’s (DOJ) Antitrust Division has secured its first conviction in a labor market...more

Goodwin

California Attorney General Announces Settlement With Realty Company Over Deceptive Contract And Lien Practices

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On April 4, 2025, the California Attorney General announced that it had reached a settlement with a California-based realty company concerning claims that the company had violated California false advertising, unfair...more

Akin Gump Strauss Hauer & Feld LLP

Combating Unfair Practices in the Live Entertainment Market (Trump EO Tracker)

Requires the Attorney General and the Federal Trade Commission (FTC) to ensure that competition laws are appropriately enforced in the concert and entertainment industry when venues, ticketing agencies, or a combination are...more

DLA Piper

The Future of "Counterparty Bribery" Offenses Under China's Anti-Unfair Competition Law

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Pending proposals to amend China's Anti-Unfair Competition Law (AUCL) may further blur the line between antitrust and anti-corruption offenses under China's enigmatic "counterparty bribery" rules. The AUCL, first enacted in...more

A&O Shearman

EU penalizes RPM and other vertical conduct violations

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The level of fines imposed for infringements relating to vertical and other non-cartel conduct increased ten-fold in 2024, reversing a trend of decline in recent years. This rise can be attributed in part to the overall...more

A&O Shearman

EU antitrust fines soar amid uncertain global enforcement outlook

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2024 saw a significant increase in overall global fines for antitrust enforcement, with total penalties for the jurisdictions surveyed in our report at USD6.7 billion, over double that of 2023 (USD2.9bn) and substantially...more

Baker Donelson

New Decision Expands Protection for Foreign Brand Owners

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A recent precedential decision enlarges the protection for foreign trademark owners. Plumrose Holding Ltd. v. USA Ham LLC, Opposition No. 91272970 (January 17, 2025). The decision is a nod to foreign trademark owners to...more

A&O Shearman

New York State Court Finds Violation Of Donnelly Act Stemming From Ski Area Acquisition

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On February 26, 2025, the Supreme Court of the State of New York, County of Onondaga, rendered a decision involving an alleged anticompetitive acquisition under New York’s Donnelly Act. This decision demonstrates the...more

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