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Monopolization Unfair Competition

Cornerstone Research

Applying the Hypothetical Monopolist Test to Labor Markets: Lessons from FTC v. Kroger Co.

Cornerstone Research on

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

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

A&O Shearman

Northern District Of Illinois Denies Motion To Dismiss Right-To-Repair Complaint Against A Manufacturer Of Agricultural Equipment

A&O Shearman on

On June 09, 2025, the United States District Court for the Northern District of Illinois denied a motion to dismiss filed by a manufacturer of agricultural equipment (“Defendant”) in a right-to-repair action brought by the...more

Dacheng

China Monthly Antitrust Update: June 2025

Dacheng on

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

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

Goodwin

Regeneron Awarded $407 Million in Amgen Antitrust Suit

Goodwin on

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

Goodwin

EmblemHealth Files Class Action Antitrust Against Alexion Related to Eculizumab

Goodwin on

​​​​​​​On April 16, 2025, EmblemHealth, Inc. (“Emblem”) filed a class action suit in the District Court for the District of Massachusetts against Alexion Pharmaceuticals, Inc. and Alexion Pharma International Operations Ltd....more

Zelle  LLP

Ninth Circuit Upholds Denial of American Booksellers Association’s Motion to Intervene in FTC v. Amazon.com

Zelle LLP on

On December 4, 2024, the Ninth Circuit upheld the District Court’s denial of the American Booksellers Association’s motion to intervene in an antitrust suit brought against Amazon.com by the FTC and 19 states. The Ninth...more

Mogin Law LLP

Live Nation’s Motion to Dismiss Government Antitrust Case Rejected

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The U.S. Department of Justice Antitrust Division and state antitrust authorities have plausibly alleged that Live Nation engaged in illegal tying and coercion of performing artists, a federal judge in the Southern District...more

Wiley Rein LLP

[Podcast] Peeling Back the Bruising History of the Banana Trade

Wiley Rein LLP on

Join hosts Diana Shaw and Tatiana Sainati as they explore the fascinating and dark history of the banana trade in the latest episode of Wicked Coin. From the entrepreneurial spirit of Minor Cooper Keith in the late 1800s to...more

Awatif Mohammad Shoqi Advocates & Legal...

Understanding the New Competition Law in the UAE

Introduction: The UAE has introduced a new competition law and abrogated the old competition law, federal law No. 4 of 2012. The new federal decree law No. 36 of 2023 on the regulation of competition sets forth competition...more

A&O Shearman

Northern District Of California Applies Recent Epic v. Apple Precedent To Dismiss Antitrust Suit Before Closing Arguments

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On January 28, 2025, U.S. District Judge Araceli Martínez-Olguín granted judgment as a matter of law for defendant Intuitive Surgical, Inc. (“Intuitive” or “defendant”) on all claims brought by plaintiff, Surgical Instruments...more

A&O Shearman

Tenth Circuit Rejects Surgical Assistants’ Appeal In Surgical Credentials Monopolization Case

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On January 21, 2025, the Tenth Circuit Court of Appeals affirmed the United States District Court for the District of Colorado’s dismissal of the Association of Surgical Assistants’ (ASA) challenge to the National Board of...more

Jones Day

China Unveils New Anti-Monopoly Guidelines for the Pharmaceutical Sector

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China's State Council issued new Anti-Monopoly Guidelines for the Pharmaceutical Sector (the "Guidelines") effective January 24, 2025. The Guidelines provide a comprehensive framework for the State Administration for Market...more

A&O Shearman

Illinois District Court Dismisses Antitrust Case Alleging Monopolization Of Transportation Services For Canadian Crude Oil In...

A&O Shearman on

On January 13, 2025, the United States District Court for the Northern District of Illinois granted defendant’s motion to dismiss plaintiff’s claim that it monopolized the market for “Canadian crude oil transportation...more

Fuerst Ittleman David & Joseph

Compounded GLP-1 Drugs: is the Party Over? These Are the Legal and Regulatory Issues for Game Changing Weight Loss Products and...

Author’s Note: This is an updated version of the post to our blog dated October 30, 2024. Later that day, FDA announced the resolution of Novo Nordisk’s semaglutide shortage, which altered the conclusion of our original post...more

Mogin Law LLP

Epic Sues Google Again, This Time Adding Samsung

Mogin Law LLP on

The fight over the lucrative app market ropes another manufacturer into the fray. Nine months after persuading a jury that Google LLC had monopolized the markets for Android app distribution and in-app billing, Epic Games has...more

Mogin Law LLP

Judge Cuts Unrevealed Slice of FTC’s Amazon Case, But a Lot Remains

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U.S. Judge John H. Chun in Seattle has cut a temporarily undisclosed portion of the Federal Trade Commission’s antitrust suit against Amazon.com Inc., but said an eventual trial would focus solely on Amazon’s liability under...more

Barnea Jaffa Lande & Co.

Israeli Monopolists Barred from Granting Discriminatory Rebates

A few days ago, the Central District Court handed down its ruling in the lawsuit filed by Aviad Concrete and Clay Industries against Nesher Israel Cement Enterprises. The suit concerned Nesher’s rebate policy to its...more

Wilson Sonsini Goodrich & Rosati

DOJ Seeks an Encore Showdown with Live Nation and Ticketmaster

DOJ's Most Recent Monopolization Case Reflects Several Agency Priorities Including Expansion of Section 2 to Respond to Headline-Grabbing Popular Demands...more

Wilson Sonsini Goodrich & Rosati

U.S. DOJ and States File Complaint Against Apple for Alleged Monopolization of Smartphones

On March 21, 2024, the U.S. Department of Justice (DOJ) and the attorneys general for 15 states and the District of Columbia filed a complaint against Apple in the District of New Jersey. The complaint alleges that Apple...more

Constangy, Brooks, Smith & Prophete, LLP

Antitrust for HR professionals

Maybe don’t get a drink with your competitor. These are not easy times to be in human resources. Attracting, recruiting, and retaining talented employees is as challenging as ever. As I have previously written, wages are...more

Barnea Jaffa Lande & Co.

Monopoly fined for Unfair Excessive Price

The Competition Director General has issued a precedent-setting determination against the pharmaceutical marketing company MBI Pharma Ltd. (MBI). The Director General determined that MBI abused its monopolistic position and...more

Cozen O'Connor

California AG Submits Amicus Brief in Epic vs. Apple Appeal

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California AG Rob Bonta submitted an amicus brief to the Ninth Circuit Court of Appeals in the case of Epic Games, Inc. v. Apple, Inc., that did not support either party but called for a broad and flexible interpretation of...more

Vinson & Elkins LLP

Biden’s Competition Council Holds Inaugural Meeting to Discuss Competition Policy Priorities

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On September 10, the newly-formed White House Competition Council (the “Council” or “Competition Council”) held its inaugural meeting, bringing together eight cabinet members and the leaders of seven independent agencies, to...more

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