Antitrust & Competition

Current News

Antitrust & Competition

TOP STORY—D. Minn.: Non-party medical device manufacturer ordered to produce documents relevant to EpiPen price-fixing action

The Requests for Production served upon Amneal Pharmaceuticals LLC covered documents that, for the most part, were relevant to Plaintiffs’ antitrust and commercial bribery claims in the larger action, and appropriately limited in scope. A federal dis...

TOP STORY—D. Minn.: Non-party medical device manufacturer ordered to produce documents relevant to EpiPen price-fixing action
ADVERTISING—N.D. Ill.: ‘Premium Vanilla’ ice cream labeling not misleading
May 23, 2022
Jeffrey H. Brochin, J.D.

Complaint dismissed after court found that there was nothing about the word ‘vanilla’ itself which suggested to the reasonable consumer that the ice cream flavor came exclusively from the vanilla bean. A federal district court in Illinois has granted...

RICO—11th Cir.: Appeals court affirms dismissal of RICO claims against Allianz
May 23, 2022
Wendy Biddle, J.D.

Traveler was given policy and terms and conditions of his coverage, can’t claim misrepresentation on part of travel insurance company. A federal district court in Florida correctly dismissed a consumer’s RICO and unjust enrichment claims against Alli...

ACQUISITIONS & MERGERS NEWS: Solicitor General proposes coordinated briefing schedule in Supreme Court case
May 23, 2022
Jeffrey H. Brochin, J.D.

Despite Axon v. FTC , and SEC v. Cochran controversies being based on different statutory texts, the cases nevertheless pose overlapping questions which would need to be addressed across three different briefs in the absence of a coordinated briefing...

ANTITRUST NEWS: Public Knowledge paper pushes for digital regulatory agency
May 23, 2022
Jeff Williams

TR Daily It studies the AT&T breakup and concludes that more regulation can lay the groundwork for more effective antitrust enforcement. Public Knowledge announced the release of a paper that uses a case study of the 1982 breakup of the Bell System a...

STATE UNFAIR TRADE PRACTICES NEWS: Google unable to slip Washington AG’s location tracking lawsuit
May 23, 2022
Peter Reap, J.D., LL.M.

Google was subject to personal jurisdiction in the state of Washington for purposes of the consumer protection action. Washington’s Attorney General (AG) Bob Ferguson has announced that a state trial court has ruled that Google has sufficient minimum...

Antitrust & Competition

TOP STORY—E.D. Ill.: Antitrust suits by casinos against card shuffler manufacturer not time-barred; proceed to arbitration

In one suit, casinos alleged that they did not learn of Defendants’ anticompetitive conduct until approximately one year prior to filing suit, rendering dismissal on statute-of-limitations grounds unwarranted. In two similar cases, lease agreements r...

TOP STORY—E.D. Ill.: Antitrust suits by casinos against card shuffler manufacturer not time-barred; proceed to arbitration
ADVERTISING—9th Cir.: Proposed class action over Apple laptop display dismissed
May 20, 2022
Donielle Tigay Stutland, J.D.

The Ninth Circuit found that Apple had no duty to disclose the alleged defect. The Ninth Circuit affirmed the dismissal of a proposed class action lawsuit brought against Apple related to defects in laptop displays. The plaintiffs’ claims were brough...

ADVERTISING—N.D. Ill.: Sustainable labeling on ALDI’s Atlantic Salmon could allegedly mislead consumer
May 20, 2022
Seth Abrams, J.D., M.A.

Consumer alleged that product was environmentally unsustainable in contradiction to labeling. The federal district court in Chicago granted in part and denied in part national food retailer ALDI’s motion to dismiss a consumer’s claims that its sustai...

ADVERTISING NEWS: FTC proposes stricter guidelines for online reviews and disclosures
May 20, 2022
Jody Coultas, J.D.

The FTC voted to tighten its Endorsement Guidelines to guard against fake reviews and other forms of misleading marketing in light of the increasing use of social media and product reviews to market products. At its open meeting yesterday, the FTC an...

ADVERTISING NEWS: Texas AG amends lawsuit against Google to include alleged data collection in Incognito mode
May 20, 2022
Seth Abrams, J.D., M.A.

Internet users are allegedly led to believe that browsing is anonymous, while data collection allegedly continues. Texas Attorney General Ken Paxton announced that he has amended the State of Texas’ lawsuit against Google to include allegations that ...

ANTITRUST NEWS: South Korean companies settle bid-rigging allegations
May 20, 2022
Donielle Tigay Stutland, J.D.

Seven construction and engineering companies settle claims related to bid-rigging and anti-competitive behavior for contracts for work on U.S. military bases in South Korea. The Department of Justice announced a settlement with seven South Korean com...

CONSUMER PROTECTION NEWS: FTC takes stand on ed tech COPPA obligations
May 20, 2022
Jeff Williams

TR Daily The policy statement confirms that it is against the law to force parents and schools to surrender children’s privacy rights in order to access educational tools. With commissioners citing the expanded reliance on education technology (ed te...

WORTH NOTING—Other Antitrust and Trade Regulation developments
May 20, 2022
WK Editorial Staff

A periodic roundup of other items of interest to the Antitrust and Trade Regulation community. ANTITRUST NEWS: The Canada Competition Bureau has closed two recent investigations into potentially anticompetitive patent litigation settlement agreements...

Antitrust & Competition

TOP STORY: AAG Kanter highlights consequences of failing to support competition, urges change

Assistant Attorney General Kanter emphasized the importance of protecting competition to keep the market stable in future times of crisis. In remarks at the New York City Bar Association’s Milton Handler Lecture, Assistant Attorney General Jonathan K...

TOP STORY: AAG Kanter highlights consequences of failing to support competition, urges change
ANTITRUST—D. Colo.: A small town, its officials, and local private interests avoid antitrust liability on immunity grounds
May 19, 2022
Justin Marcus Smith, J.D.

The court held that allegations of breach of fiduciary duty and public trust had “no place” in determining the applicability of legislative immunity. The district court in Denver awarded summary judgment to a small Colorado town, its named officials,...

FRANCHISING & DISTRIBUTION—E.D.N.Y.: Liberty Tax Service denied preliminary injunction against ex-franchisee
May 19, 2022
Martin A. Steinberg, J.D.

The franchisor failed to show irreparable harm by a former franchisee who allegedly continued to use the franchise name after the agreement was terminated. The federal district court in Brooklyn has denied a motion for preliminary injunction filed by...

AGENCY NEWS: Khan defends FTC budget request in house hearing
May 19, 2022
Lynn Stanton

TR Daily Khan asked the House Subcommittee on Financial Services and General Government for increased staff to address a historic surge in mergers. During a House Appropriations financial services and general government subcommittee hearing to discus...

ANTITRUST NEWS: House antitrust subcommittee holds hearing on corporate profiteering
May 19, 2022
E. Darius Sturmer, J.D.

Opening statements by leadership pinned blame for current shortages and inflation on market concentration and lax antitrust enforcement, seek solutions from industry reps and academics. The House Judiciary Committee’s Antitrust, Commercial, and Admin...

BLOG TRACKER—Noteworthy blog posts and other commentary
May 19, 2022
WK Editorial Staff

The week’s most insightful, intriguing, or entertaining blog posts regarding antitrust and trade regulation issues. Public Knowledge, Independent, But Together: How Antitrust and Regulation Can Work Synergistically To Benefit Consumers , by Al Kramer...

Antitrust & Competition

TOP STORY—D.C. Cir.: Evidentiary statute applied to settle disputes in rail carrier antitrust litigation

The court explained, in detail, the meaning of a federal statute excluding rail carriers’ discussions of interline movements as evidence of a conspiracy in an antitrust suit. In reviewing, on interlocutory appeal, an order by the federal district cou...

TOP STORY—D.C. Cir.: Evidentiary statute applied to settle disputes in rail carrier antitrust litigation
ACQUISITIONS & MERGERS NEWS: UK antitrust regulator finds property search company merger may lessen competition
May 18, 2022
Jody Coultas, J.D.

The £91.5 million ($113 million) merger could lead to a worse deal for homebuyers. Legal tech company Dye & Durham’s proposed acquisition of competitor TM Group may lessen competition in the supply of property search services, the UK Competition and ...

AGENCY NEWS: FTC’s Phillips welcomes Bedoya but worries about rulemaking shift
May 18, 2022
Lynn Stanton

TR Daily Phillips also called for Congress to pass comprehensive privacy legislation. Alvaro Bedoya, a visiting professor at Georgetown University Law School and the founding director of its Center on Privacy & Technology, has been sworn in to fill t...

ANTITRUST NEWS: EC carries out unannounced inspections of several European fashion companies
May 18, 2022
Jody Coultas, J.D.

The European Commission is concerned that the companies may be involved in an illegal cartel. Today the European Commission (EC) announced that it has started carrying out unannounced inspections at fashion companies in several Member States. The EC ...

ANTITRUST NEWS: P2P car-sharing platform discontinues exclusivity policy in Canada
May 18, 2022
Seth Abrams, J.D., M.A.

The car-sharing company took the action after Canada’s Competition Bureau raised concern and opened a formal inquiry. Peer-to-Peer (P2P) car sharing platform Turo Inc. (Turo) has removed the exclusivity provisions from its Terms of Service for Canadi...

CONSUMER PROTECTION NEWS: State Attorneys General weigh in on FTC's proposed rule on deceptive money-making claims
May 18, 2022
Kenneth H. Ryesky, M.B.A., J.D.

The coalition of 24 states wants the FTC to take into account misrepresentations schools have made with respect to their graduates’ earnings. Illinois Attorney General Kwame Raoul has been joined by the Attorneys General of 23 other states in respond...

Antitrust & Competition

TOP STORY—7th Cir.: Company that sold watches online was not granted Wisconsin ‘dealership’

The Wisconsin Fair Dealership Law did not protect the company from termination because there was not a substantial enough proportion of revenues or sufficient sunk costs to create a “community of interest.” The Seventh Circuit Court of Appeals has up...

TOP STORY—7th Cir.: Company that sold watches online was not granted Wisconsin ‘dealership’
RICO—E.D. Cal.: Mortgage company failed to claim required predicate acts of ‘sham arbitration’ scheme
May 17, 2022
Elizabeth C. Pope, J.D.

The court also dismissed the company’s unfair trade practices allegations for failure to plead the required elements of the claims. A mortgage company failed to state a Racketeer Influenced Corrupt Organizations Act (RICO) claim against an individual...

ANTITRUST NEWS: Jindal moves for acquittal on obstruction conviction in wage fixing conspiracy case
May 17, 2022
Justin Marcus Smith, J.D.

The defendant’s attorneys argued that jury instructions left each juror individually free to determine which predicate acts, among a “grab bag,” amounted to obstruction. In the Department of Justices’ first ever wage fixing conspiracy case, defendant...

CONSUMER PROTECTION NEWS: FTC enforces Opioid Addiction Recovery Fraud Prevention Act against addictions treatment marketer
May 17, 2022
Martin A. Steinberg, J.D.

The marketing company agreed to stop claiming that it provided specialized referrals to a wide selection of addictions treatment centers across the country. R360 LLC (R360) and its owner, Steven Doumar, have agreed to settle FTC claims that they fals...

FRANCHISING & DISTRIBUTION NEWS: McDonald’s: Russia no longer fit place to do business, pulling out
May 17, 2022
Peter Reap, J.D., LL.M.

After 32 years in the country, the company has had enough and is taking its golden arches with it. Fast food restaurant franchisor McDonald’s Corporation announced yesterday that it will exit the Russian market and has initiated a process to sell its...

STATE UNFAIR TRADE PRACTICES NEWS: Consumer claiming Nike violated Michigan law through ad’s offensive subliminal messages asks High Court to reverse dismissal
May 17, 2022
E. Darius Sturmer, J.D.

Petition challenges Sixth Circuit’s conclusion that viewing of advertisement was not a transaction covered by state’s consumer protection law. A Michigan consumer alleging that he and over four billion other people were exposed to anti-Semitic messag...