News & Analysis as of

Sherman Act

Proskauer - Law and the Workplace

FTC Signals Forthcoming Non-compete Enforcement Actions

On September 4, 2025, the FTC announced an enforcement action and proposed settlement with Gateway Pet Memorial Services (the “Company”), a pet cremation company, over the Company’s overuse of post-employment non-competes...more

Parker Poe Adams & Bernstein LLP

FTC Prioritizes Aggressive Labor Market Enforcement With Focus on Noncompetes, Raising Antitrust Implications

The Federal Trade Commission (FTC) announced on September 4, 2025, that it had filed a complaint against one of the largest pet cremation businesses in the U.S., alleging that the company’s widespread use of noncompete...more

DLA Piper

Inside Competition: September 2025

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Inside Competition is designed to help companies identify important legal developments in antitrust and competition law in the United States. ...more

Sheppard Mullin Richter & Hampton LLP

Friday Night Laws: A Primer on the Sports Broadcasting Act of 1961

In the United States, Sundays are for professional football. Saturdays are for college football. And Friday nights are for high school football....more

Cozen O'Connor

Court Orders Remedies Against Google in Search Monopolization Case

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The U.S. District Court for the District of Columbia issued its remedies decision in an antitrust case brought against Google by a bipartisan coalition of 38 AGs and the DOJ. This decision follows the court’s 2024 finding...more

DLA Piper

Federal Court Orders Remedies in Google Antitrust Case, Rejects DOJ Call for Breakup

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The US District Court for the District of Columbia issued, on September 2, 2025, a landmark ruling in the US Department of Justice’s (DOJ) antitrust case against Google, imposing significant remedies to address the company’s...more

Hughes Hubbard & Reed LLP

Court Issues Remedies Ruling in United States v. Google Search Case

A significant milestone was reached this week in the Justice Department’s antitrust litigation against Google regarding its internet search business. U.S. District Judge Amit P. Mehta issued a 230-page ruling on remedies...more

Mogin Law LLP

Although a Monopolist, Google Escapes Divestitures in DOJ’s Antitrust Case

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U.S. District Judge Amit Mehta this week ruled that Google must execute a number of behavioral remedies, such as halting exclusive arrangements, but spared the company from more severe structural remedies, such as divesting...more

Mogin Law LLP

Nation’s Largest Property Manager Settles Antitrust Claims Over Algorithmic Pricing Practices

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Greystar Management Services, one of the nation’s largest property management firms, has agreed to resolve the government’s allegations that its use of RealPage’s algorithmic pricing software violated Section 1 of the Sherman...more

Herbert Smith Freehills Kramer

Antitrust Regulation in the Marketplace of Ideas

Contrary to some early predictions, the Trump administration appears committed to vigorous enforcement of the antitrust laws. While the Antitrust Division of the Department of Justice and the Federal Trade Commission (FTC)...more

Venable LLP

WVU Athletes Secure Preliminary Injunction Against NCAA Eligibility Rule

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The name, image, and likeness (NIL) era continues to reshape college athletics, as another federal court has ruled that the NCAA's eligibility rules are "commercial in nature" and therefore subject to scrutiny under the...more

Axinn, Veltrop & Harkrider LLP

First Appellate Ruling on Algorithmic Pricing: What the Ninth Circuit Said Versus What It Did

In Gibson v. Cendyn Group, the U.S. Court of Appeals for the Ninth Circuit became the first federal court of appeals to evaluate an antitrust claim based on algorithmic pricing. The plaintiffs-appellants brought suit under...more

A&O Shearman

Ninth Circuit Dissolves Arrangement Between Rival Vegas Newspapers as Illegal

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On August 4, 2025, the United States Court of Appeals for the Ninth Circuit sided with the Las Vegas Review-Journal (“Defendants”) in antitrust litigation with rival Las Vegas newspaper the Las Vegas Sun, Inc. (“Plaintiff”),...more

A&O Shearman

Shepherds Survive Wage-Fixing Suit Against Western Range Association

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On August 8, 2025, Chief Judge Miranda M. Du of the United States District Court for the District of Nevada denied all motions to dismiss and held that defendants Western Range Association (WRA) and eight member ranches must...more

Morrison & Foerster LLP

Algorithmic “Collusion” Theories: Check Out Time or Extended Stay? Ninth Circuit Affirms Complaint Dismissal As Algorithm Scrutiny...

On August 15, 2025, the Ninth Circuit affirmed dismissal of a putative class action alleging Las Vegas Strip hotels used Cendyn Group’s revenue management software to artificially inflate prices in violation of Section 1 of...more

Mogin Law LLP

Elon Musk’s X Companies Bring Antitrust Suit Against Apple, OpenAI Over AI Market Conduct

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X Corp. and X.AI LLC sued Apple Inc. and OpenAI today (8/25/2025) alleging violations of federal and state antitrust laws, including Sections 1 and 2 of the Sherman Antitrust Act and the Texas Free Enterprise & Antitrust Act....more

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

Proskauer - Minding Your Business

DOJ’s New Antitrust Whistleblower Rewards Program: Why Speed and Internal Trust Matter More Than Ever

Last month, the U.S. Department of Justice (DOJ) Antitrust Division launched its first monetary whistleblower rewards program in partnership with the U.S. Postal Service (USPS). The program offers potential monetary rewards...more

Redgrave LLP

Adapting to and Getting Ahead of Changes in Antitrust and Other Regulatory Demands in 2025 and Beyond

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Seismic shifts in the legal and regulatory landscape are underway, driven by evolving federal policy, shifting state priorities, and the rapid advancement of artificial intelligence (AI) and other emerging technologies. These...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

Vedder Price

Latest FTC Settlement Further Underscores Risk of “Green” Agreements

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Last month, we posted an update describing Florida’s investigation into whether the CDP and the Science Based Targets Initiative are facilitating unlawful collusion among financial institutions and investment services to use...more

Mintz

No Day But Today: Greystar Reaches Settlement Agreement with the Department of Justic in Realpage Algorithmic Pricing Case

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Last August, we wrote about the Justice Department’s lawsuit against software developer RealPage, which alleged that the property management software company enabled rent collusion, through its revenue management product, in...more

Vinson & Elkins LLP

Antitrust Issues in Renewable Energy - August 2025

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Participants in the renewable energy industry should be aware of antitrust and competition rules because renewable energy is no longer a nascent field. In 2025, the United States is projected to generate 25% of its...more

A&O Shearman

Eastern District Of Texas Denies Motion To Dismiss Coordinated Stewardship Complaint Against Asset Managers

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On August 1, 2025, the United States District Court for the Eastern District of Texas denied the motions to dismiss filed by three asset managers. The complaint, brought by thirteen plaintiff states (Texas, Alabama, Arkansas,...more

Mintz

Ninth Circuit Upholds Jury Verdict Against and Remedies Imposed Upon Google in Epic Games Monopolization Antitrust Suit

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In what Epic Games’ CEO describes as a “[t]otal victory in the Epic v. Google appeal”, on July 31, the United States Court of Appeals for the Ninth Circuit affirmed a 2023 jury verdict (along with the contours entry of the...more

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