News & Analysis as of

Sherman Act Antitrust Violations

Troutman Pepper Locke

Seventh Circuit Overturns Fourqurean Fifth-Year Preliminary Injunction

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On July 16, the U.S. Court of Appeals for the Seventh Circuit, in a 2-1 decision, overturned a preliminary injunction that would have granted University of Wisconsin cornerback Nyzier Fourqurean a fifth year of eligibility....more

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

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

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

Hogan Lovells

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

Hogan Lovells on

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

Foley & Lardner LLP on

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

Zelle  LLP

Burger King Employees Persist After Renewed Motion to Dismiss

Zelle LLP on

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...

Haug Partners LLP on

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

Freeman Law on

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

Mintz on

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

Kilpatrick on

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

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

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

A&O Shearman on

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

A&O Shearman on

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

Baker Botts L.L.P.

Antitrust Scrutiny of Investors Under a New Administration

Baker Botts L.L.P. on

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

Bilzin Sumberg

District Court Denies Burger King’s Motion to Dismiss Putative Class Action Related to No-Poaching Provisions in Franchise...

Bilzin Sumberg on

Arrington v. Burger King Worldwide, Inc., No. 1:18-cv-24128 (S.D. Fla. Oct. 5, 2018) – In October 2018, Jarvis Arrington, a former employee at a Burger King franchisee in Illinois, filed a class action complaint against...more

King & Spalding

MultiPlan Algorithmic Pricing Antitrust Claims Survive Motion to Dismiss

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On June 3, 2025, Judge Matthew F. Kennelly of the United States District Court for the Northern District of Illinois denied motions to dismiss antitrust claims in a multidistrict litigation (MDL) against MultiPlan, Inc. and...more

Axinn, Veltrop & Harkrider LLP

FTC Peeling Back the Layers of the Orange Book

The Federal Trade Commission (FTC) is continuing to pursue pharmaceutical manufacturers for allegedly improperly listing patents in the “Orange Book,” delaying the entry of generic drug competitors. On May 21, the FTC...more

McCarter & English, LLP

McCarter’s Playing Field: Sports Law Insights - May 2025

House v. NCAA Update- As previously reported, the April 7 House v. NCAA hearing ended with Judge Wilken giving the settlement parties an opportunity to address certain concerns regarding the implementation of roster limits...more

Axinn, Veltrop & Harkrider LLP

The Texas v. Blackrock ESG Case: The FTC and DOJ Have Entered the Chat

On May 22nd, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) filed a joint Statement of Interest in a case against several prominent asset managers brought last year by the Texas Attorney General. In...more

McCarter & English, LLP

Antitrust Considerations in Preferred Vendor and Loyalty Program Agreements

Companies in a wide range of industries commonly develop incentive programs for vendors, including preferred vendor or loyalty programs, to increase sales or establish loyalty. Acceptance of the terms and conditions of these...more

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