News & Analysis as of

Sherman Act Competition

DLA Piper

Inside Competition: September 2025

DLA Piper on

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

Mogin Law LLP

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

Mogin Law LLP on

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

Mogin Law LLP on

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

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

A&O Shearman on

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

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

Mogin Law LLP on

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

Redgrave LLP

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

Redgrave LLP on

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

Mintz

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

Mintz on

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

Mogin Law LLP

DOJ: Undermining “Viewpoint Competition” Constitutes Antitrust Injury

Mogin Law LLP on

Just like any market in which competitors sell goods and services, the Department of Justice Antitrust Division argues that the marketplace of ideas, diversity of perspectives, and “viewpoint competition” are subject to...more

Troutman Pepper Locke

Seventh Circuit Overturns Fourqurean Fifth-Year Preliminary Injunction

Troutman Pepper Locke on

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

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

Mogin Law LLP

Supreme Court Asked to Rule on “Monopoly Broth” Theory

Mogin Law LLP on

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

A&O Shearman

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

A&O Shearman on

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

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

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

King & Spalding

MultiPlan Algorithmic Pricing Antitrust Claims Survive Motion to Dismiss

King & Spalding on

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

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

Foley & Lardner LLP

Five Tips for Navigating Antitrust Risk from Algorithmic Pricing Software

Foley & Lardner LLP on

In recent years, both private plaintiffs and the government have increasingly scrutinized businesses’ use of “algorithmic pricing” software, leading to a wave of antitrust lawsuits and enforcement actions. These softwares,...more

Morgan Lewis

Antitrust Considerations Amid the Rapid Expansion of Cricket in the US

Morgan Lewis on

Firms across industries face mounting antitrust scrutiny from enforcers, legislators, and the plaintiffs’ bar. Sports teams and leagues are no exception. As the volume of sports commerce expands globally, so too does scrutiny...more

Troutman Pepper Locke

Elad v. NCAA – Former JUCO Player Demonstrates Likelihood of Success in Antitrust Suit Challenging NCAA’s JUCO Rule

Troutman Pepper Locke on

On April 25, U.S. District Judge Zahid N. Quraishi ordered the NCAA not to enforce its Five-Year Rule against Rutgers University cornerback Jett Elad. The impact of name, image, and likeness (NIL) agreements on the new world...more

McCarter & English, LLP

Antitrust Suits in Sports Could Shift the Rules of the Games

Competition is the essence of sports. It fuels the players and the thrill of it entices fans to cheer for their favorite players, purchase memorabilia, and watch games. Outside of the games, however, players and coaches are...more

Kohrman Jackson & Krantz LLP

Amazon’s “Buy Box” Legally Boxes Out the Competition

On March 20, 2025, the Ninth Circuit Court of Appeals affirmed a district court’s order to dismiss a consumer antitrust lawsuit filed against Amazon. In the lawsuit styled Hogan v. Amazon.com, Inc., the consumer-plaintiffs...more

Vinson & Elkins LLP

Wage-Fixing: An Alternative to DOJ’s No-Poach Prosecutions?

Vinson & Elkins LLP on

On April 14, 2025, the Department of Justice (“DOJ”) obtained a high-profile “wage-fixing” conviction under the Sherman Act against a former executive of multiple home health care agencies (“HHAs”). A federal jury convicted...more

251 Results
 / 
View per page
Page: of 11

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide