Antitrust & Competition
Antitrust & Competition
The Competition and Markets Authority expressed special concern for the impact of the proposed merger on competing cloud gaming service providers. The United Kingdom’s antitrust enforcer, the Competition and Markets Authority (CMA), announced that it...
“Sweetened with monk fruit,” did not promise the product was entirely or predominantly sweetened with monk fruit. The federal district court in San Francisco, California dismissed a consumer’s complaint, which alleged that the label on the defendant’...
Suits exist alongside FTC and states’ attorneys gGeneral action based on the same facts and allegations filed in September 2022. The Panel on Multidistrict Litigation centralized antitrust actions in the Middle District of North Carolina for antitrus...
GoDaddy found not liable for third-party use of domain name previously held by a nonprofit organization. The U.S. Court of Appeals for the Ninth Circuit has affirmed the dismissal of a lawsuit filed by a motivational speaker against GoDaddy accusing ...
Letter assails planned pre-merger divestment of individual stores, citing failures of similar schemes in previous acquisitions approved by the FTC, including one involving Albertsons itself. Diana L. Moss, Ph.D., President of the American Antitrust I...
TR Daily His letter to FTC Chair Khan cites whistleblower testimony to Congress, concern over national security. Responding to recent whistleblower allegations, Sen. Richard Blumenthal (D., Conn.) has urged the Federal Trade Commission to investigate...
Antitrust & Competition
Enforcement of the several notes, together totaling over $1.4 million, was barred by the Maryland statute of limitations. The federal district court in Baltimore, Maryland held that the franchisor JTH Tax, d/b/a Liberty Tax Service (“Liberty”) could ...
Product was advertised as causing bone and cartilage to grow. The FTC has reached a settlement with dietary supplement manufacturer ZyCal Bioceuticals Healthcare Company, Inc. (ZyCal) and its president James J. Scaffidi that permanently enjoins them ...
The court rejected the plaintiff candidate’s attempt to convert a grievance about unequal airtime on Fox News into an unlawful racketeering claim. A plaintiff congressional candidate and his campaign failed to state plausible RICO claims against Fox ...
TR Daily And in another proposed merger case where the government raised competition concerns, Benteler has abandoned its merger with Tenaris. The FTC does not plan to appeal a federal district court’s denial of the agency’s motion for a preliminary ...
Antitrust Division to focus upon anticompetitive information exchanges by updating its guidance to the new technologies, and coordinating enforcement with other government agencies in the USA and beyond. Doha Mekki, the Principal Deputy Assistant Att...
The Antitrust Division said the withdrawal of the decades-old policy statements was prompted by significant changes to the healthcare landscape. The Justice Department’s Antitrust Division has announced the withdrawal of three “outdated” antitrust po...
Antitrust & Competition
The court was unconvinced that Meta’s considerable resources meant that it would enter the virtual reality (VR) dedicated fitness app market de novo , if it could not acquire Within and its Supernatural app, partly due to Meta’s need for content. The...
In case you missed the in-depth antitrust law coverage in the January 2023 issues of Antitrust Law Daily , here are highlights of some of last month’s most notable developments. The Department of Justice Antitrust Division and the FTC are continuing ...
Court found sufficient facts alleged to support direct liability and vicarious liability but did not find necessary allegations to support direct liability under relevant Oregon statute. The federal district court in Portland, Oregon granted in part ...
Manufacturer had entered into distributorship agreement with U.S. subsidiary of its competitor, who conferred with and provided manufacturer's sample products to the competing parent corporation. The federal district court in Chicago has ruled on a s...
TR Daily Difficulties predicted for antitrust regulators if they attempt to block future consolidations in cable broadband, wireless service provider industries. Antitrust regulators might have a “gut reaction” against allowing a merger of a top-two ...
The event offered tips on protecting your identity, including that it is important not to trust the number appearing on your phone, since ID thieves can “spoof” Caller ID. On February 2, 2023, The Federal Trade Commission and the Internal Revenue Ser...
Antitrust & Competition
The court noted that there had been significant developments in the jurisprudence regarding “no-poach” and “no-hire” agreements during the pendency of the instant motion to dismiss, so it gave the one timely employee a chance to amend. A group of lux...
Court allowed the consumer to amend to address the inadequacy of her alleged remedies. A consumer’s claims that a manufacturer of “Plant Powered Elixir” beverages failed to show the correct amount of protein in its beverage based on Percent of Daily ...
Third Circuit determines that the district court erred in excluding Home Depot’s expert testimony; issue preclusion does not apply to events in the MDL prior to Home Depot becoming a party in the case. The Third Circuit remanded a question related to...
The Colorado Consumer Protection Act’s 2022 amendment to permit class actions can be applied retroactively because it is remedial. The Colorado federal district court held that a 2022 amendment to the Colorado Consumer Protection Act (“CCPA”) can be ...
The majority of Commissioners concluded that her prior statements about Facebook did not warrant recusal because they were not sufficiently related to the present case to rebut the presumption of impartiality. The Federal Trade Commission yesterday d...
A periodic roundup of other items of interest to the Antitrust and Trade Regulation community. ANTITRUST—W.D. Wash.: In a putative class action by third-party sellers on Amazon.com’s website alleging that a pricing policy that requires them to offer ...
Antitrust & Competition
ACQUISITIONS & MERGERS NEWS: Judge issues sealed order in FTC challenge of Meta-Within merger
TR Daily Meta’s proposed acquisition of Within Unlimited can move forward. In a sealed order, U.S. District Judge Edward J. Davila of the U.S. District Court for the Northern District of California (San Jose) has apparently ruled against the FTC in i...
Lawsuit brought by the FTC and six states can proceed against website Roomster for deceptive advertising and the use of fake reviews on the platform. The federal district court in New York City has denied a motion to dismiss in a suit brought by the ...
Purported franchisee claimed that franchisor's acquisition by third party entity was part of scheme by franchisor to directly compete with its franchisee. In a suit brought a manufacturer of walk-in bathtubs against a dealer of its products that also...
The government’s friend-of-the-court brief in dispute between MLB and several minor league teams argues that the exemption is “of dubious quality.” The Department of Justice Antitrust Division filed a friend-of-the-court brief with the U.S. Court of ...
The week’s most insightful, intriguing, or entertaining blog posts regarding antitrust and trade regulation issues. SSRN, Price-Fixing Allegations in the Canned Tuna Industry: A Look at the Data , by Minhae Kim, Ryan Mansley, Nathan Miller, Marc Reme...
The commissioners reasoned that an assessment of Intuit’s entire course of conduct would facilitate a more complete and cohesive opinion addressing all of the relevant but varied advertising claims at once. In the false advertising case brought by th...