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Antitrust & Competition
A few vague emails between two firms in an otherwise lawful business relationship was not enough to “nudge the claims across the line from conceivable to plausible.” A Sherman Act claim brought by individual investors against Citadel Securities, vari...
Note to Subscribers
November 19, 2021
Antitrust Law Daily will not publish next week due to the Thanksgiving Day holiday. However, we will issue breaking news alerts for major developments during this period. We will resume publication on Monday, November 29, with the extensive coverage ...
ANTITRUST—N.D. Cal.: Expert on antitrust economics allowed to testify because her opinions were within accepted methodology
November 19, 2021
Robert B. Barnett Jr., J.D.
The expert will testify that the defendants’ actions raised prices well above what they would have been without the conspiracy. The plaintiffs’ antitrust economics expert will be allowed to testify that an alleged conspiracy among aluminum, tantalum,...
ANTITRUST—N.D. Cal.: Taxi company’s monopolization claims against Uber fail
November 19, 2021
Nicole D. Prysby, J.D.
The taxi company’s monopolization, PUC, and the bulk of its UCL claims against Uber failed but its UCL claim based on violation of the Lanham Act went forward. A taxicab company failed to allege market barriers related to its monopolization claims ag...
ANTITRUST—S.D.N.Y.: Most testimony from Vyera expert blocked in trial over alleged control of Daraprim market
November 19, 2021
Nicole D. Prysby, J.D.
The bulk of testimony offered by the former FDA chief counsel on behalf of Daraprim manufacturer Vyera was blocked as improper summary or because he was unqualified to offer opinions on business decisions made by generic drug manufacturers. The feder...
ANTITRUST NEWS: FTC responds to Facebook’s motion seeking dismissal of amended antitrust complaint
November 19, 2021
E. Darius Sturmer, J.D.
Agency’s brief argues that the amended pleading now sufficiently alleges social media giant’s monopoly power and details how it has maintained that monopoly position through anticompetitive Instagram and WhatsApp acquisitions as well as exclusionary ...
CONSUMER PROTECTION NEWS: FTC expands criminal referral program
November 19, 2021
Jody Coultas, J.D.
The consumer protection agency voted at an open meeting on the agency’s commitment to continuing to refer potential criminal violations and opportunities for strengthening this work. As part of its open meeting November 18, the FTC voted unanimously ...
WORTH NOTING—Other Antitrust and Trade Regulation developments
November 19, 2021
WK Editorial Staff
A periodic roundup of other items of interest to the Antitrust and Trade Regulation community: ANTITRUST NEWS: The U.S. Chamber of Commerce announced that it has submitted a series of filings and letters to the FTC “to strenuously object to the FTC’s...