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The Antitrust Week In Review

Posted  09/8/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. Is it time for the class action plaintiffs’ bar to skirt the 1st Circuit?  Here’s a tip for class action defendants in New England and Puerto Rico: If you credibly threaten to turn your case into a series of mini-trials over class membership, you can probably beat class certification. That’s the...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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In the Dog Days of Summer, Prescription Pet Food Conspiracy Case Beats a Motion to Dismiss in Kansas

Posted  09/2/21
By Taline Sahakian, Alysia A. Solow
Is there any truth to the allegations that pet food manufacturers have conspired to monopolize and artificially inflate prices in the prescription pet food market?   The Court of Appeals of Kansas says possibly—or at least that Stevie Kucharski-Berger’s case making those allegations can withstand a motion to dismiss and seek proof of those claims through discovery. Kucharski-Berger, upon advice of, and with a...

Tagged in: Antitrust Litigation,

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Supreme Court Reaffirms that Social Benefits Cannot Trump Competition Under the Sherman Act

Posted  08/31/21
By Saidah Grimes
Antitrust defendants have repeatedly failed to convince the Supreme Court it should recognize social objectives—that do not enhance competition—as defenses to restraints of trade challenged under the Rule of Reason analysis applied to most Sherman Act claims.  The Supreme Court extended that string of losses with its recent decision in NCAA v. Alston, which ruled, once again, that a defendant cannot defend...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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The Antitrust Week In Review

Posted  08/30/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. FTC urges judge to unwind $7.1 bln Illumina-Grail merger.  The U.S. Federal Trade Commission on Tuesday said it seeks to unwind life science company Illumina Inc's $7.1 billion acquisition of Grail Inc, alleging it would harm innovation and boost prices. FTC senior counsel Susan Musser said in her...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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FTC Trial Seeks to Promote Competition in Cancer-Screening Tests by Unwinding Illumina-GRAIL Merger

Posted  08/30/21
By David A. Scupp
The FTC kicked off its trial challenging Illumina Inc.’s completed acquisition of GRAIL Inc. on Tuesday by urging an FTC administrative law judge to undo the $7.1 billion deal, arguing it would harm innovation and boost prices of cancer-screening tests. The FTC’s bid to unwind the merger of DNA sequencing leader Illumina and GRAIL, a biotech company focused on early cancer screenings could impact the health of...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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The FTC’s Revival of its Facebook Complaint Shows That it’s Serious

Posted  08/27/21
By Jeffrey I. Shinder, Yo W. Shiina
The FTC’s revival of its monopoly maintenance claims against Facebook demonstrates what a serious antitrust enforcer can do after an unexpected setback. As expected, the FTC has filed an Amended Complaint that adds substantial factual allegations to respond to U.S. District Court Judge James Boasberg’s order dismissing the FTC’s initial Complaint for supposedly failing to allege sufficient facts to support...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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The Antitrust Week In Review

Posted  08/24/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. Revives Facebook Suit, Adding Details to Back Claim of a Monopoly.  The Federal Trade Commission took new aim at Facebook on Thursday, beefing up its accusations that the company was a monopoly that illegally crushed competition, in an attempt to overcome the skepticism of a federal judge who threw...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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FTC Revives Monopoly Maintenance Claims Against Facebook

Posted  08/20/21
By Allison F. Sheedy
The FTC filed an amended complaint against Facebook yesterday, reviving its ongoing federal antitrust case against the leading online social network. U.S. District Court Judge James Boasberg surprised many observers when he dismissed the FTC’s original complaint in June 2021 for failing to allege sufficient facts to support the agency’s allegation that Facebook had monopoly power in a relevant market.  The...

Tagged in: Antitrust Litigation,

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New York’s Proposed Antitrust Overhaul Would Allow Recovery of Expert Fees

Posted  08/16/21
By Daniel Vitelli
New York may soon be at the vanguard of antitrust enforcement and litigation in the United States in more ways than one. On June 7, 2021, the New York Senate passed Senate Bill S933A (43 aye, 20 nay), which would overhaul the Donnelly Act, New York’s antitrust law.  Constantine Cannon lawyers have already discussed what the bill’s “abuse of dominance” provisions would mean for companies that have market...

Tagged in: Antitrust Litigation,

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The Antitrust Week In Review

Posted  08/16/21
Here are some of the developments in antitrust news this past week that we found interesting and are following. Biden's antitrust crackdown adds to anxiety of merger investors.  U.S. President Joe Biden's tougher regulatory stance on big corporate mergers has fueled a rise in investor bets on some deals not being completed, threatening to push the brakes on a record-setting dealmaking boom. Spreads between deal...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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