News & Analysis as of

Proposed Legislation Antitrust Violations

Otten Johnson Robinson Neff + Ragonetti PC

Colorado’s HB25-1004: Banning Algorithmic Rent-Setting Vetoed by Governor Polis

In May 2025, the Colorado legislature approved House Bill 25-1004 (“HB25-1004”), titled “No Pricing Coordination Between Landlords,” a groundbreaking piece of legislation aimed at prohibiting the use of certain algorithmic...more

Seyfarth Shaw LLP

States Seeking Remedies for the Rising Costs of Prescription Drugs

Seyfarth Shaw LLP on

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

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

Jones Day

Holding Proxy Advisors' Feet to the Fire

Jones Day on

Proxy advisors, and specifically ISS and Glass Lewis, are in the business of advising asset managers on whether to vote for or against the thousands of director nominees and proposals that are presented to shareholders each...more

Patterson Belknap Webb & Tyler LLP

RealPage Opens New Front in Algorithmic Pricing Challenges with Suit Challenging Berkeley Ordinance

In the latest front of the legal battle over the use of algorithmic pricing, RealPage, Inc. (“RealPage”) has challenged an ordinance passed by the City of Berkeley banning the use of revenue management software products like...more

King & Spalding

Antitrust Concerns with Network Rental Agreements

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How a common practice for healthcare payers can turn from negotiation tactic to anticompetitive collusion - What is a network rental agreement? Network rental agreements, also known as “network leasing” or “network...more

Morgan Lewis

State Attorneys General Step Up Antitrust Enforcement

Morgan Lewis on

State attorneys general are playing an increasingly prominent role in shaping the antitrust enforcement landscape in the United States. With a combination of expanded authority, increased funding, strategic collaboration, and...more

Haug Partners LLP

2023 in Review at the International Trade Commission

Haug Partners LLP on

Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their...more

Troutman Pepper Locke

AG Ferguson Pushes for Increased Antitrust Penalties

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Washington Attorney General (AG) Bob Ferguson announced that he has proposed legislation — H.B. 2072/S.B. 5994 — to enhance the state’s maximum penalty for antitrust violations like price fixing and collusion....more

Wilson Sonsini Goodrich & Rosati

The Senate Refuses to Let Live Nation Shake It Off

On January 24, 2023, the Senate Judiciary Committee grilled a top executive from Live Nation, Ticketmaster’s parent company, following Ticketmaster’s very public disaster last month when it was unable to process orders for...more

Cozen O'Connor

Bipartisan Group Of AGs Voice Support For Federal Antitrust Legislative Agenda

Cozen O'Connor on

A bipartisan group of 32 AGs, led by the AGs of Colorado, Nebraska, New York, and Tennessee, sent a letter to congressional leaders in support of legislative proposals that purport to modernize federal antitrust laws...more

Latham & Watkins LLP

US Senate Bill Would Reshape Antitrust Enforcement and Litigation

Latham & Watkins LLP on

The bill would increase and shift the burden for many merger reviews, introduce new categories of prohibited conduct, and undo important common law defenses to single-firm conduct. On February 4, 2021, Senator Amy...more

BCLP

Big Tech Under Fire: New Antitrust Bill Targets “Extremely Large” Companies

BCLP on

On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced S. 225, the Competition and Antitrust Law Enforcement Act of 2021 (the “Bill”). The Bill amends the Clayton Act in three key areas: (1)...more

White & Case LLP

Goodbye to client-attorney privilege in Mexico?

White & Case LLP on

On September 5th, the Panel of the Mexican Economic Competition Commission (“Cofece”) met to decide whether to approve new regulations on client-attorney rights and privileges in antitrust proceedings (“Regulations”)....more

Troutman Pepper Locke

No-Poach Agreements Targeted by Plaintiffs, Enforcement Agencies and Senators

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Agreements among companies to not hire each other’s workers are more risky than ever. The DOJ’s Assistant Attorney General for the Antitrust Division, Makan Delrahim, stated on January 19 that the division has criminal cases...more

Patterson Belknap Webb & Tyler LLP

Senate Passes the Criminal Antitrust Anti-Retaliation Act, and Takes Another Shot at Increased Protections for Whistleblowers

On November 15, 2017, the United States Senate passed the Criminal Antitrust Anti-Retaliation Act of 2017 (“CAARA”). This Act would amend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (“ACPERA”), and would...more

Holland & Knight LLP

Corporate Concentration, Mergers, and Antitrust Enforcement in the Current Political Climate

Holland & Knight LLP on

Attacking the vigor and effectiveness of antitrust enforcement has become increasingly popular political subject. Just last week, Senator Cory Booker released a letter to the FTC and DOJ urging them to consider the interests...more

Jones Day

Antitrust Bills Seek to Thwart Mega Mergers and Expand Antitrust Enforcement

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In Short - The Situation: Democrats have proposed legislation that would make it easier for antitrust agencies to challenge mergers. - The Background: This announcement followed a proposal made in August, known as the "Better...more

Akin Gump Strauss Hauer & Feld LLP

Senate Democrats Introduce “Better Deal” Antitrust Enforcement Legislation

As part of the effort to rebrand the party and reconnect with working-class voters who were lost in the presidential election, congressional Democrats revealed a new populist policy agenda, titled “A Better Deal: Better Jobs,...more

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