News & Analysis as of

Sherman Act

K&L Gates LLP

US Department of Justice Antitrust Division Introduces Whistleblower Reward Program to Encourage Disclosure of Antitrust...

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On 8 July 2025, the US Department of Justice Antitrust Division (the Division) unveiled a new Whistleblower Rewards Program (the Whistleblower Program) that provides a significant monetary incentive—up to 30% of the recovered...more

McCarter & English, LLP

Compass v. Zillow and The PLS.com v. NAR: Antitrust Lawsuits Could Reshape Real Estate Marketing

The real estate industry is again in the antitrust spotlight, with recent lawsuits targeting the market dominance and listing policies of major players like Zillow, Inc. (Zillow) and the National Association of Realtors...more

Venable LLP

Seventh Circuit Reverses Eligibility Win for NCAA Athlete Nyzier Fourqurean

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In a major victory for the NCAA, the U.S. Court of Appeals for the Seventh Circuit has reversed a district court's preliminary injunction giving University of Wisconsin defensive back Nyzier Fourqurean another year of...more

Eversheds Sutherland (US) LLP

DOJ issues new incentives for tipsters alleging Sherman Act violations

The Antitrust Division of the Department of Justice recently announced on July 8 that for the first time, it is launching a program to offer payouts for tips related to violations of federal antitrust law. The DOJ is...more

Polsinelli

Whistle While You Work: DOJ Unveils First Antitrust Whistleblower Program

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Key Takeaways - DOJ Launches Whistleblower Rewards Program: The Department of Justice (DOJ), in partnership with the United States Postal Service (USPS), introduced its first-ever Antitrust Whistleblower Rewards Program,...more

Mogin Law LLP

Supreme Court Asked to Rule on “Monopoly Broth” Theory

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The Supreme Court has been asked to review the Fourth Circuit’s Duke Energy Carolinas, LLC v. NTE Carolinas II opinion endorsing the controversial “monopoly broth” theory, which permits the aggregation of independently lawful...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

Morrison & Foerster LLP

Show Them the Money: New Rewards Program Heightens Incentives for Antitrust Whistleblowers

On July 8, 2025, the Department of Justice Antitrust Division (the Division) announced a new program that could provide monetary payouts to individuals who report criminal antitrust violations. The program, described in a...more

A&O Shearman

After Twenty Years, In Re Rail Freight Ends With Summary Judgment For Defendant Rail Companies After Judge Finds Inadequate...

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On June 24, 2025, the United States District Court for the District of Columbia granted defendant rail companies’ motion for summary judgment on a Sherman Act Section 1 claim. In a lengthy and sweeping multi-district...more

Hogan Lovells

New DOJ Antitrust Division whistleblower program to offer monetary awards for reports of criminal antitrust violations

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The Department of Justice Antitrust Division (DOJ Antitrust Division) has announced that it is launching a Whistleblower Rewards Program that will offer monetary awards to individuals who report antitrust crimes. The new...more

Foley & Lardner LLP

Department of Justice Launches Program to Reward Antitrust Whistleblowers with Shares of Criminal Fines

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On July 8, 2025, the U.S. Department of Justice, Antitrust Division (“Antitrust Division”) announced a new “Whistleblower Rewards Program” to incentivize individuals to report criminal antitrust violations and related...more

Fleurinord Law PLLC

From the Sidelines to Six Figures: Smart Tax Planning for NIL-Earning Student Athletes

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Just a few years ago, if you were a student-athlete, you had two options: maintain eligibility or get paid. You couldn’t have both. That all changed on July 1, 2021, thanks to a landmark shift that rocked the college sports...more

Zelle  LLP

Burger King Employees Persist After Renewed Motion to Dismiss

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Last month, Judge Jose E. Martinez of the U.S. District Court for the Southern District of Florida denied the Burger King Defendants’ (“Burger King”) motion to dismiss a putative class action alleging that its “No-Hire”...more

Haug Partners LLP

Regeneron Pharmaceuticals, Inc. v. Amgen Inc.: Jury Finds Rebate Offers on Bundled Drugs in Exchange for Exclusive Formulary...

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On May 15, 2025, a federal jury in Delaware district court determined that Defendant Amgen Inc. (“Amgen”) violated antitrust and tort laws, and awarded $406.8 million in damages to Plaintiff Regeneron Pharmaceuticals, Inc....more

Freeman Law

Tradeshows and Exhibitions | Sherman Antitrust Considerations

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Overview - The antitrust laws provide no bright-line rules about what particular analysis will apply for the exclusion of a participant from an exhibition marketplace, although likely, the Rule of Reason applies. In any...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

A&O Shearman

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

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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

Axinn, Veltrop & Harkrider LLP

Keeping an Eye on the Ball: America First Antitrust Weighs in on the “Uniquely American System of Scholar Athletics”

Tennessee basketball player Zakai Zeigler has appealed the district court’s denial of his bid to secure a preliminary injunction against the NCAA’s “Four-Seasons Rule.” We will be closely following what the Sixth Circuit...more

A&O Shearman

Northern District Of Illinois Denies Motion To Dismiss Antitrust Claims In Healthcare Providers’ Price Fixing Lawsuit

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On June 3, 2025, Judge Matthew F. Kennelly denied motions to dismiss federal and state antitrust claims brought by healthcare providers (“plaintiffs”) against MultiPlan (a healthcare payment management service) and...more

A&O Shearman

Ninth Circuit Panel Affirms Ruling That “Unclean Hands” Does Not Bar Antitrust Standing

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On May 23, 2025, a panel for the United States Court of Appeals for the Ninth Circuit addressed the application of the “unclean hands” doctrine to antitrust standing. PharmacyChecker.com LLC v. LegitScript LLC, No. 24-2697...more

Fisher Phillips

Paused Payouts: Title IX Appeal Delays $2.8B NCAA Athlete Payments in House Settlement

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It didn’t take long for the first legal challenge attacking the game-changing House v. NCAA settlement agreement. Eight female student-athletes filed an appeal to the 9th Circuit Court of Appeals on June 11 arguing that the...more

Venable LLP

Zeigler v. NCAA: Court Denies Zakai Zeigler's Motion for Preliminary Injunction in Antitrust Fight Over NCAA's Four-Seasons Rule

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On June 12, 2025, the United States District Court for the Eastern District of Tennessee denied Zeigler's request for a preliminary injunction, where he sought to immediately suspend the NCAA's Four-Seasons Rule to make him...more

WilmerHale

Final Approval for House v. NCAA Settlement Brings New Era, More Litigation

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The world of college sports enters historic new territory after Judge Claudia Wilken granted final approval to the $2.8 billion settlement of the federal class-action antitrust lawsuit House v. NCAA on June 6, 2025. Much ink...more

Baker Botts L.L.P.

Antitrust Scrutiny of Investors Under a New Administration

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Under the old guard of the prior administration, private equity was repeatedly under fire for alleged “flip and strip” tactics that were supposedly “at odds with competition.” Now, with new enforcers in place, a different...more

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