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Antitrust & Competition

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Antitrust & Competition

ANTITRUST—M.D.N.C.: FTC, states, survive Syngenta motion for summary judgment in crop chemical rebates antitrust dispute

October 23, 2026 | By Justin Marcus Smith, J.D.

The court rejected the price-cost test in favor of the rule of reason because the evidence suggested price was not the predominant exclusion mechanism. The FTC and state attorneys general survived a motion for summary judgment in their ongoing antitr...

ANTITRUST—M.D.N.C.: FTC, states, survive Syngenta motion for summary judgment in crop chemical rebates antitrust dispute
Law Firms Mentioned:Berger Montague PC | Buchanan Ingersoll & Rooney PC | Davis Wright Tremaine LLP | Jones Day | Paul, Weiss, Rifkind, Wharton & Garrison LLP | Sperling & Slater, P.C. | Weitz & Luxenberg, PC | Wharton & Garrison LLP | Winston Taylor LLP
Organizations Mentioned:Accelerated Debt Settlement Inc. | Bookings.com | FWK Holdings LLC | GovAssist LLC | Green Mountain Coffee Roasters, Inc. | Joe & The Juice New York LLC | Joe & The Juice US Holdings Inc. | Last Brand, Inc. | Omya | Sanofi-Aventis U.S., LLC | Syngenta Crop Protection AG | Treehouse Foods, Inc.
ADVERTISING—S.D.N.Y.: Joe & The Juice to defend claims based on alleged oil blend in drinks
October 23, 2026
Leah S. Poniatowski, J.D.

Consumers in putative class action met pleading requirements for breach of warranty, but some state law issues were dismissed. A group of six consumers who purchased juices from Joe & The Juice at locations throughout the United States adequately ple...

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ANTITRUST—S.D.N.Y.: Keurig must face trial on core exclusionary-conduct claims in coffee-pod antitrust MDL
October 23, 2026
Patricia K. Ruiz, J.D.

Keurig’s network of exclusive agreements may have unlawfully protected its market dominance. The federal district court in New York City denied much of Keurig Green Mountain, Inc.’s summary-judgment motion in multidistrict antitrust litigation allegi...

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CONSUMER PROTECTION NEWS: Debt relief operation agrees to permanent ban to settle FTC charges
October 23, 2026
Donielle Tigay Stutland, J.D.

The court entered a $106.8 million judgment and ordered defendants associated with Accelerated Debt Settlement, Inc. to turn over assets. The federal district court in Phoenix, Arizona issued four related orders including a default judgment of $106.8...

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CONSUMER PROTECTION NEWS: FTC sues passport services companies and owner for impersonating government, misleading consumers
October 23, 2026
Christopher M. Longo, J.D.

GovAssist LLC, Entry LLC, and their owner allegedly collected $40 million by misleading consumers about their government affiliation and passport services. The FTC announced that it has filed suit against GovAssist LLC, Entry LLC, and their owner, Sc...

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WORTH NOTING: Other Antitrust and Trade Regulation developments
October 23, 2026
WK Editorial Staff

A periodic roundup of other items of interest to the Antitrust and Trade Regulation community. ANTITRUST—D. Mass.: In the antitrust case brought by direct purchasers of an insulin product against defendants including Lantus, Lantus SoloStar (collecti...

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Antitrust & Competition

ACQUISITIONS & MERGERS—N.D. Cal.: Media consumers' effort to block Paramount/Warner Bros. merger again dismissed

October 22, 2026 | By Kenneth H. Ryesky, M.B.A., J.D.

Refocusing and narrowing of market definitions in amended complaint did not cure the infirmities of initial complaint that failed to plausibly plead antitrust individuals' standing. The federal district court in Oakland, California has dismissed the ...

ACQUISITIONS & MERGERS—N.D. Cal.: Media consumers' effort to block Paramount/Warner Bros. merger again dismissed
Law Firms Mentioned:Ballard Spahr, LLP | Brewerlong PLLC | Denittis Osefchen, PC | Foreman & Brasso | Holland & Knight LLP | Jenner & Block LLP | Pisanelli Bice PLLC | Winston Taylor LLP
Organizations Mentioned:California Public Utilities Commission | Compania Cervecera De Puerto Rico, Inc. | Las Vegas Sun, Inc. | Meta Platforms, Inc. | Paramount Skydance Corp. | Sparc Group, LLC | Titan Products of Puerto Rico Corp.
ADVERTISING—9th Cir.: Aéropostale legging purchaser given leave to amend list price suit
October 22, 2026
Jody Coultas, J.D.

A consumer may be able to show an injury under a price premium theory by alleging facts regarding the true value of the leggings purchased. The U.S. Court of Appeals for the Ninth Circuit reversed and remanded a Washington Consumer Protection Suit al...

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ANTITRUST—D. Nev.: Las Vegas Sun lacked irreparable harm to enforce distribution by Review-Journal pending trial
October 22, 2026
Justin Marcus Smith, J.D.

After a Ninth Circuit writ of mandamus derailed the district court effort to preserve the status quo pending trial, the district court determined the Sun would not suffer irreparable harm without a preliminary injunction. In the long-running antitrus...

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ANTITRUST—N.D. Cal.: Plug pulled on suit alleging antitrust and regulatory claims against the California Public Utilities Commission
October 22, 2026
Donielle Tigay Stutland, J.D.

Pro se solar panel owner’s antitrust and PURPA lawsuit against the CPUC and major utilities was dismissed; the defendants were immune from the claims and that the court lacked jurisdiction over the PURPA challenge. The federal district Court for the ...

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FRANCHISING & DISTRIBUTION—M.D. Fla.: Florida beer franchise termination dispute survives dueling summary judgment motions
October 22, 2026
Martin A. Steinberg, J.D.

Beer manufacturer allegedly violated Florida’s Beer Franchise Law by terminating distribution agreements without adequate notice, good cause, or good faith. A federal court in Orlando denied competing motions for summary judgment in a dispute between...

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PRIVACY—N.M. St. Ct.: New Mexico court orders Meta to pay $25B over privacy misrepresentations
October 22, 2026
Tom Leithauser, TR Daily

The court found that Facebook did not disclose that it had designed the platform in a manner that allowed third party applications’ illicit access to all user data. A New Mexico state court imposed a $25 billion penalty on Meta Platforms, Inc., after...

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Antitrust & Competition

ANTITRUST—C.D. Cal.: Wireless spectrum investor fails in second attempt to tune-in Sherman Act claims against T-Mobile

October 21, 2026 | By Justin Marcus Smith, J.D.

The spectrum investor succeeded this time in pleading that T-Mobile is a monopsonist, but it failed to show antitrust harm in a context where wireless carriers must acquire a “critical mass” of 2.5 GHz licenses to offer geographic coverage. Wireless ...

ANTITRUST—C.D. Cal.: Wireless spectrum investor fails in second attempt to tune-in Sherman Act claims against T-Mobile
Law Firms Mentioned:Alston and Bird LLP | Edelson PC | Hagens Berman Sobol Shapiro LLP | Latham & Watkins LLP | Molo Lamken LLP | Ropes & Gray LLP | Taft Stettinius & Hollister LLP
Organizations Mentioned:Apple Inc. | Google LLC | Southeastern Indiana Health Management Inc., d/b/a Columbus Regional Health | T Mobile US, Inc. | T-Mobile US, Inc. | WCO Spectrum LLC
ANTITRUST—N.D. Cal.: Discovery dispute resolved over subpoena of non-party Google by consumers in litigation over Apple's iCloud
October 21, 2026
Kenneth H. Ryesky, M.B.A., J.D.

Google's concerns over improper handling of sensitive proprietary information were already addressed in stipulated protective order issued earlier in litigation. A federal magistrate judge in San Jose, California has ordered a resolution to a disclos...

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PRIVACY—7th Cir.: Hospitals cannot remove patient privacy suits under federal officer statute
October 21, 2026
Martin A. Steinberg, J.D.

Hospitals’ compliance with federal electronic health record requirements did not make them federal actors entitled to remove state-law privacy claims to federal court. The U.S. Court of Appeals for the Seventh Circuit affirmed district court orders r...

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ANTITRUST NEWS: CMA outlines proposals to unlock contactless technology on Apple iPhone
October 21, 2026
Donielle Tigay Stutland, J.D.

The Competition and Markets Authority consulting on proposals to transform how UK businesses build digital products and services on Apple’s iPhone. The Competition and Markets Authority (CMA) issued a press release highlighting that the CMA is consul...

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ANTITRUST NEWS: Google submits appellate brief in search engine monopoly case
October 21, 2026
Brian Craig, J.D.

Google argues that the district court erred in holding that the company engaged in exclusionary conduct and in imposing remedies of data-transfer and syndication. In the Google search engine monopolization litigation, Google has submitted the company...

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CONSUMER PROTECTION NEWS: N.Y. AG secures financial relief following ‘misleading’ T-Mobile price guarantees
October 21, 2026
Paul Kirby, TR Daily

T-Mobile will pay New York State $98,834.75 in connection with the AG’s investigation into its allegedly deceptive business practices. New York Attorney General Letitia James (D.) announced that she had secured more than $38 million in value for New ...

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Antitrust & Competition

ACQUISITIONS & MERGERS NEWS: FTC accepts consent order conditioning Publicis's $2.2 billion acquisition of LiveRamp on neutrality and data firewalls

October 20, 2026 | By Wendy Biddle, J.D.

The FTC alleges the deal would let Publicis use a dominant data connectivity provider to foreclose rivals in media agency and audience data services; a five-year order is designed to prevent that. The FTC issued an administrative complaint challengin...

ACQUISITIONS & MERGERS NEWS: FTC accepts consent order conditioning Publicis's $2.2 billion acquisition of LiveRamp on neutrality and data firewalls
Law Firms Mentioned:Hagens Berman Sobol Shapiro LLP | Methvin, Terrell, Yancey, Stephens & Miller, PC | Miller, Canfield, Paddock & Stone, P.L.C | Morrison & Foerster LLP | Sullivan & Cromwell LLP | Wachtell, Lipton, Rosen & Katz
Organizations Mentioned:Agri Stats, Inc. | Cargill | Chawla Investments, Inc. | Colas Inc. | Cooper Farms | Farbest | John Gross & Co | KKR & Co. Inc. | LiveRamp Holdings, Inc. | NetCo | PlayPower Holdings Inc. | PlayPower, Inc. | Publicis Groupe S.A. | Raeford | Rouse Analytics LLC | Rouse Services LLC | Tyson
ANTITRUST—N.D. Ill.: Summary judgment mostly granted against Direct Action Plaintiffs in turkey antitrust litigation
October 20, 2026
Kenneth H. Ryesky, M.B.A., J.D.

Turkey processor's reduced operations, standing alone, did not prove parallel conduct; "operating at all times at maximum capacity is not required to avoid an antitrust violation." A federal district court judge in Chicago, Illinois has granted parti...

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ACQUISITIONS & MERGERS NEWS: EC finds global investment firm provided incorrect information during merger inquiry
October 20, 2026
Jody Coultas, J.D.

KKR & Co allegedly misled the Commission as to its plan related to existing long-term agreements remaining in place. The European Commission announced has informed KKR & Co. Inc. of its preliminary view that the company provided incorrect and/or misl...

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ACQUISITIONS & MERGERS NEWS: Pennsylvania seeks court approval of settlement in asphalt emulsions, road repair acquisition dispute
October 20, 2026
Justin Marcus Smith, J.D.

Colas and Suit-Kote agreed to divest four facilities in light of a Pennsylvania judicial complaint that described how there are no essentially no plausible substitutes for road repair products and services at government scale. The Commonwealth of Pen...

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ACQUISITIONS AND MERGERS NEWS: FTC, States sue to block PlayPower’s acquisition of rival playground equipment maker Burke
October 20, 2026
Martin A. Steinberg, J.D.

The proposed deal would allegedly reduce competition in the playground equipment market, leading to higher prices, lower quality, and less innovation. The FTC and 12 states filed an antitrust lawsuit seeking to block private equity firm Platinum Equi...

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ANTITRUST NEWS: Chawla Investments files class action alleging construction rental companies engaged in a price-fixing conspiracy
October 20, 2026
Donielle Tigay Stutland, J.D.

A construction equipment end-user class filed a complaint alleging antitrust claims of illegal price-fixing and information exchanges against a group of construction equipment rental companies including Rouse. Chawla Investments, Inc. on behalf of it...

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Antitrust & Competition

ANTITRUST—D. Conn.: States win preliminary approval of $400M Sandoz generic drug price-fixing settlement

October 19, 2026 | By Kenneth H. Ryesky, M.B.A., J.D.

Sandoz's total settlement payouts in the generic pharmaceutical antitrust litigation cases brought by U.S. state attorneys general could top $1 billion. The federal district court in Hartford, Connecticut has granted preliminary approval to a settlem...

ANTITRUST—D. Conn.: States win preliminary approval of $400M Sandoz generic drug price-fixing settlement
Law Firms Mentioned:Baron & Budd PC | Cotchett, Pitre & McCarthy, LLP | Gibson, Dunn & Crutcher LLP | Greenberg Traurig, LLP | Hilliard Law | Holland & Knight LLP | O'Melveny & Meyers LLP | Platt Richmond PLLC | Sperling Kenny Nachwalter LLC | Wiggin and Dana LLP | Wilmer Cutler Pickering Hale and Dorr, LLP
Organizations Mentioned:Aurobindo Pharma USA, Inc. | Colorado Biolabs Inc. | Costco Wholesale Corp. | Google LLC | RealPage Inc. | Tesla, Inc. | Three Arrows Nutra LLC
ADVERTISING—9th Cir.: Action challenging Tesla full-self driving representations did not have clear path to class certification
October 19, 2026
Justin Marcus Smith, J.D.

Common questions concerning class members’ exposure to the Tesla hardware statement and the applicability of the limitations defenses did not predominate over individualized questions, and the district court erred when it concluded otherwise. Class c...

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ADVERTISING—N.D. Tex.: Lanham Act claims in iron supplement dispute trimmed
October 19, 2026
Wendy Biddle, J.D.

The supplement maker failed to show consumer deception or injury for most challenged marketing statements. The federal district court in Dallas, Texas granted in part and denied in part a defendant's motion for partial summary judgment in a dispute b...

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ANTITRUST—M.D. Tenn.: Final approval awarded to $359.9 million in RealPage rent-fixing litigation settlements
October 19, 2026
Martin A. Steinberg, J.D.

The settlements provide cash payments and other relief to renters pursuing claims that landlords used RealPage’s software to inflate multifamily rents. The federal district court in Nashville granted final approval to settlements totaling $359.925 mi...

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ANTITRUST NEWS—N.D. Cal.: Court denies $85 million fee request for consumers’ counsel in Google Play Store MDL
October 19, 2026
Justin Marcus Smith, J.D.

The court invited consumers’ counsel to “think carefully” about what fees could be fairly taxed against common fund beneficiaries and to “consider voluntarily reducing their lodestar.” Consumers’ counsel did not provide sufficiently detailed time rec...

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RICO—W.D. Wash.: Lawsuit against Costco over ‘100% de Agave’ tequila labeling dismissed
October 19, 2026
Brian Craig, J.D.

The doctrines of international comity and the act of state warrant dismissal of the complaint bought by consumers against the retailer. The federal district court in Seattle, Washington has dismissed a lawsuit brought by consumers against Costco alle...

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