Antitrust Law Daily Wrap Up, WORTH NOTING: Other Antitrust and Trade Regulation developments, (Mar 27, 2026)

By WK Editorial Staff

A periodic roundup of other items of interest to the Antitrust and Trade Regulation community.

ANTITRUST NEWS: The Australian Federal Court has fined Qteq Pty Ltd and its executive chairman, Simon Ashton, $5 million and $1 million respectively for attempted cartel conduct, in a case brought by the Australian Competition & Consumer Commission (ACCC), the enforcer announced. The penalty awarded against Ashton is the highest penalty awarded for a competition law breach by an individual in Australia. In April 2025, the Federal Court found that, on five occasions between 2017 and 2019, Ashton and Qteq attempted to induce suppliers in the oil and gas services industry to enter into contracts, arrangements, or understandings containing one or more cartel provisions. “These attempted cartel contracts, arrangements or understandings included provisions not to supply services to large oil and gas companies, to rig a multi-million-dollar tender, and to market share,” ACCC Chair Gina Cass-Gottlieb said.

ANTITRUST NEWS: The Australian Competition & Consumer Commission (ACCC) has granted an urgent interim authorization to the Australian Institute of Petroleum (AIP), its members, and other relevant industry participants to coordinate in managing impacts to Australia’s fuel supply chain stemming from the conflict in the Middle East. The interim authorization means the companies can discuss, exchange information about, and coordinate on the supply of fuel in locations across Australia to alleviate shortages without risking a breach of competition laws.

ANTITRUST NEWS: The UK Competition & Markets Authority (CMA) has published the final report of its market investigation into veterinary services for household pets in the UK. The CMA found competition concerns in this market and set out a package of remedies to address these concerns. The numerous remedies include mandatory price lists, prescription fee caps, a price comparison website and mandatory branding by the large groups to boost competition and drive down prices.

ANTITRUST NEWS: The UK Competition & Markets Authority (CMA) has published its Annual Plan 2026 to 2027. This is the first detailed implementation plan under the CMA’s new 2026 to 2029 Strategy.

ACQUISITIONS & MERGERS NEWS: The Canada Competition Bureau announced that it has reached a consent agreement with Welltower OP LLC to address competition concerns related to its proposed acquisition of 34 retirement home properties from Amica Senior Lifestyles. It is the second such agreement this month following an agreement concluded with Chartwell, the Bureau noted. A Bureau review concluded that the proposed transaction would likely result in a substantial lessening of competition in accommodation and health care services provided by licensed private pay retirement homes in areas of British Columbia and Ontario. To resolve the Bureau’s concerns, Welltower has agreed to sell four retirement homes from its existing portfolio located in Victoria, Northwest Vancouver, Brampton and Ottawa. The sales will be made to independent purchasers to be approved by the Commissioner of Competition.

ADVERTISING—S.D.N.Y.: The federal district court in New York City granted Zynga Inc.’s motion to compel arbitration of false advertising and deceptive practices claims filed by an online poker player. Zynga is an entertainment company that develops and publishes online video games, including Zynga Poker. The user alleged he noticed patterns of card-dealing sequences that in real-life would have an extremely low probability of occurring randomly and filed suit. Zynga sought arbitration. The court found that the user entered into a valid and enforceable arbitration agreement of which he was aware and agreed. Further, the user did not successfully opt out of the arbitration provision (Baginsky v. Zynga, Inc., No. 1:25-cv-01992-ALC (S.D.N.Y. Mar. 24, 2026)).

CONSUMER PROTECTION—D. Nev.: The federal district court in Las Vegas, Nevada granted in part a motion to strike several affirmative defenses in the FTC’s suit against an allegedly deceptive business scheme. The FTC and the State of Nevada filed suit against defendants International Markets Live, Inc., IM Mastery Academy Ltd., Assiduous, Inc., Global Dynasty Network, LLC, Christopher and Isis Terry, and others, for operating an allegedly unlawful investment training and business schemes. The court struck IM’s affirmative defenses that the claims were barred for failure to satisfy the required administrative or procedural prerequisites necessary to raise such claims or seek such relief, and barred to the extent any relief requested would not be in the public interest. However, the court declined to dismiss the affirmative defenses of unclean hands, equitable estoppel, and laches. Finally, the motion to strike was granted as to the defendants’ reservation of their right to amend their answer (FTC v. International Markets Live, Inc., No. 2:25-cv-00760-CDS-DJA (D. Nev. Mar. 19, 2026)).

CONSUMER PROTECTION—S.D. Ohio: The federal district court in Columbus, Ohio denied in part and held in abeyance in part the Horsemen’s Benevolent & Protective Association – Ohio Division, Inc.’s (the Association) motion for judgment on the administrative record and granted in part and held in abeyance in part a cross motion for judgment on the Administrative Record, which the FTC joined in full. The Association challenged the fees it must pay to the Horseracing Integrity and Safety Authority (HISA) pursuant to the Horseracing Integrity and Safety Act. Specifically, the Association alleged that the FTC and HISA violated the Administrative Procedure Act because the 50/50 Split did not go through notice-and-comment rulemaking and the 50/50 Split and Modified Allocation are arbitrary and capricious. The Association asked the court to declare the past and present fee allocations unlawful and vacate and enjoin those allocations. The court held in abeyance the issue of whether the 50/50 Split violates the APA and stay this case pending a decision in Louisiana, et al. v. HISA, Inc., et al., W.D. La. Case No. 6:22-cv-01934. The funds that the Association paid under the 50/50 Split will be disbursed based on and at the time of the Louisiana case’s final disposition. Because the Louisiana case has not reached a final disposition, even if the court were to decide the 50/50 Split issues in the Association’s favor, those funds would not yet be disbursed. And, when disbursement does occur, it will depend on the disposition of the Louisiana case, which was unknown at the time (Horsemen's Benevolent & Protective Association - Ohio Division, Inc. v. Horseracing Integrity and Safety Authority, Inc., No. 2:25-cv-00098-EAS-CMV (S.D. Ohio. Mar. 23, 2026)).

CONSUMER PROTECTION NEWS: The proposed Toll Evasion Prevention and Plate Visibility Act of 2026 (H.R. 7797) would prohibit the sale of products designed or marketed to impair the readability of a license plate. The FTC would have enforcement authority to prohibit the conduct.

Attorneys: David Michael Fish (Romano Law PLLC) for Abraham Baginsky. Michael Charles Lynch (Kelley Drye & Warren LLP) for Zynga, Inc. Thomas Biesty for the FTC. Jenapher Lin (Holland & Hart LLP) for International Markets Live, Inc. Jason T. Gerken (Porter Wright Morris & Arthur) for Horsemen's Benevolent & Protective Association - Ohio Division, Inc. Jeffrey M. Walker (Squire Patton Boggs (US) LLP) for Horseracing Integrity and Safety Authority, Inc.

Companies: Qteq Pty Ltd; Australian Institute of Petroleum; Welltower OP LLC; Amica Senior Lifestyles; Horsemen's Benevolent & Protective Association - Ohio Division, Inc.; Horseracing Integrity and Safety Authority, Inc.; International Markets Live, Inc.; Zynga, Inc.

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