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Antitrust Today

The Antitrust Week In Review

Posted  04/5/22
Here are some of the developments in antitrust news this past week that we found interesting and are following.   U.S. drops price-fixing charges against chicken executives after mistrials.  The U.S. Justice Department asked a federal court in Denver to drop price-fixing charges filed against five executives of chicken producing companies after two mistrials in the case focused on competition in the $65 billion...

Antitrust Matters Episode 4: The Whistleblower

Posted  04/1/22
Antitrust Matters provides engaging and timely conversations about competition policy in the digital age. Antitrust has always mattered to consumers and businesses, and to antitrust lawyers and economists, but today it also is in the political and public discourse more than ever. From the prices we pay for food, travel, financial services, payments to the way we interact daily using digital apps and platforms,...

Quick Facts About Antitrust Bills Introduced in Congress (Part 2 – Bills in the Senate Targeting “Big Tech”)

Posted  03/31/22
By Matthew Moore and Taline Sahakian The national debate over how far to regulate the technology industry is resulting in some potentially significant bills that may very well pass Congress this year. In Part 1 of this series on antitrust bills being considered by Congress, we began our review of Senate bills that seek to reform antitrust enforcement in significant ways.  In this post, we provide a rundown of...

Court Rules Work Product Doctrine Can Pre-Exist Attorney Client Relationship

Posted  03/30/22
By Alysia Solow and Alan Schwartz Plaintiffs’ counsel and their clients can rely on the attorney work product doctrine to shield investigations conducted in anticipation of filing a lawsuit—even if the attorney conducted the investigation before being retained by any client. That is the essence of the holding of Magistrate Judge Gabriel Fuentes in his recent decision In Re Turkey Antitrust Litigation, No....

Tracking Tech Giants: An Overview of Antitrust Engagements in the Digital Domain

Posted  03/30/22

The reasons why large digital technology firms sometimes cause concerns about unfair competition, and a summary of EU and UK investigations and litigation in response to those concerns

By Stephen Critchley, Agnieszka Szewczyk and Helena Lindgren The European Commission has long talked of the need to regulate the behaviour of large digital technology companies, and to harmonise these regulations between Member...

The Antitrust Week In Review

Posted  03/29/22

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


U.S. antitrust regulators seek more data from Activision, Microsoft on planned deal.  The U.S. Federal Trade Commission has sought additional data from Activision Blizzard Inc and Microsoft Corp related to the antitrust review of their deal, the games developer said in a regulatory filing. Microsoft in...

Rare “Single-Brand Market” Case Against Apple Clears Initial Hurdle in Court

Posted  03/25/22
  By David A. Scupp   Antitrust claims alleging that a single brand constitutes a market may be rare, but they can still pack a punch as Apple Inc. found out this week.   On Monday, Judge Jeffrey White of the U.S. District Court for the Northern District of California granted in part and denied in part Apple’s motion to dismiss AliveCor’s antitrust claims in AliveCor, Inc. v. Apple Inc.  Judge...

Despite Setbacks in Court, California’s Ban on Pharmaceutical Pay-For-Deals Could Still Recover

Posted  03/24/22
For two decades, antitrust enforcers have been fighting so-called “reverse-payment” or “pay-for-delay” agreements under which pharmaceutical patent-holders pay the allegedly infringing, lower-cost generic competition to stay off the market.  California has taken a unique legislative approach, passing Assembly Bill 824 (“AB 824”) to address skyrocketing prescription drug costs by subjecting pay-for-delay...

The Antitrust Week In Review

Posted  03/22/22
Here are some of the developments in antitrust news this past week that we found interesting and are following.   Microsoft faces EU antitrust complaint about its cloud computing business.  U.S. tech giant Microsoft is facing an antitrust complaint filed by three European rivals in the booming cloud computing business, one the plaintiffs said. The complaint, filed with the European Union's competition watchdog...

Antitrust, But Verify: Financial Considerations for the Private Antitrust Plaintiff

Posted  03/18/22
By Gary Reilly  

“I was never ruined but twice: once when I lost a lawsuit, and once when I won.”


Litigation is a costly endeavor in terms of both time and money. An injured party must seriously consider many factors in deciding whether to bring a lawsuit. Can I prove injury? Can I prove liability? Does the law provide an adequate remedy? And if the answer to all of the above is yes, can I get...
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