Click here for a confidential contact or call:


The Antitrust Week In Review

Posted  February 28, 2023

Here are some of the developments in antitrust news this past week that we found interesting and are following.

U.S. preparing antitrust suit to block Adobe plan to buy Figma -Bloomberg News.  The U.S. Justice Department is preparing an antitrust lawsuit to block software maker Adobe Inc’s $20 billion bid for cloud-based designer platform Figma, Bloomberg News reported, citing people familiar with the matter. The lawsuit could come as early as next month, Bloomberg reported. Responding to the report, Adobe said it and Figma were in different product areas, with Figma focusing on interactive designs.

JetBlue and Spirit Unions Split on Airlines’ Merger.  Unions that represent workers at JetBlue Airways and Spirit Airlines are divided on the proposed merger of the two companies, with one union throwing its support behind the deal and another asking federal officials to block it. In a letter, the Transport Workers Union, which represents 6,800 JetBlue flight attendants, asked Attorney General Merrick B. Garland and Transportation Secretary Pete Buttigieg to prevent the merger. The union said it feared that JetBlue, which would acquire Spirit, had no intention of honoring worker contracts afterward, adding it was concerned that the deal would violate antitrust laws and undermine competition.

State attorneys general flex new muscle with deceptive trade practices laws.  State attorneys general continue to be active in investigating and enforcing state laws regulating commercial activity. Among the most commonly used tools for State AGs are laws prohibiting the use of unfair and deceptive trade practices — known as UDAP laws. In recent years, UDAP enforcement has been more high-profile and politically charged, as State AGs have used their enforcement authority in ways that drive political narratives and enhance their visibility, both within and outside of their respective bases.

Biden admin won’t veto ITC’s Apple Watch import ban ruling.  The Biden Administration will not overrule a U.S. International Trade Commission decision that could block imports of Apple Inc’s Apple Watches for infringing AliveCor Inc patents related to heart monitoring, the office of the U.S. Trade Representative said. An AliveCor spokesperson also said it had been informed there would be no veto of the ruling. Any ITC ban is still on hold while Apple and AliveCor continue to clash over the patents. The ITC ruled in December that imports of Apple’s smartwatches should be banned for infringing AliveCor’s patents, but it placed the ban on pause while related proceedings over the patents run their course.