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Antitrust Law Blog Blog

Articles: 1-10 of 157

Congress, Regulators, and Justice Department Gear Up to Investigate “Big Tech,” But Focus and Scope Under Current Law Remains Unclear

USA - June 17 2019 U.S. lawmakers, regulators, and agencies charged with antitrust oversight have long been criticized for failing to act on alleged anticompetitive…

Evolving Antitrust Principles in the Age of Big Tech: Supreme Court Allows Antitrust Suit to Move Forward Against Apple

USA - May 20 2019 In a recent decision decided on May 13, 2019, the Supreme Court allowed an antitrust suit to move forward against Apple. Consumers brought suit based…

In Long-Awaited Opinion, Court Rules That Keurig Must Face Antitrust Suits by Competitors and Customers

USA - May 15 2019 In a recently unsealed opinion, U.S. District Judge Broderick (S.D.N.Y.) explained his reasoning for allowing a consolidated antitrust suit to…

Update: NCAA Loses in Suit Challenging Student-Athlete Compensation and Benefit Limits, Prepares for Appeal

USA - April 8 2019 Last year we wrote about the summary judgment decision in an MDL class action then pending in the U.S. District Court for the Central District of…

“New Brandeis” Antitrust Concepts Hit the Campaign Trail

USA - March 21 2019 As we discussed in a previous post, a new school of thought about antitrust law (or, rather, a new application of old antitrust principles) has…

Congress Hears Challenges to the Consumer Welfare Standard

USA - March 15 2019 The purpose and goals of United States antitrust policy have not remained static over time. Since 1979, the Supreme Court has focused on a “consumer…

Applicability of State-Action Immunity to Private Parties

USA - January 18 2019 On January 7, 2019, in Green Sols. Recycling, LLC v. Reno Disposal Co., No. 3:16-cv-00334-MMD-CBC, 2019 BL 4611 (D. Nev. Jan. 07, 2019), the District…

Judge Finds Lack of DOJ Funding No Excuse for Delay in Review of Public Comment to CVS-Aetna Merger

USA - January 18 2019 Though the merger of CVS and Aetna received conditional approval from the DOJ’s Antitrust Division back in October, the road to final approval has…

District Judge Criticizes Pace of Aetna - CVS Merger

USA - December 5 2018 After two hearings over the last week, Judge Richard J. Leon of the District Court for the District of Columbia seems to have put the brakes on the…

U.S. Supreme Court’s Decision in China Agritech May Limit The Availability of Class-Action Tolling For Litigants That File Suit Before Class Certification

USA - November 12 2018 On June 11, 2018, the U.S. Supreme Court issued its opinion in China Agritech, Inc. v. Resh, 138 S. Ct. 1800 (2018). The China Agritech decision…