Antitrust Law Daily Wrap Up, WORTH NOTING—Other Antitrust and Trade Regulation developments, (May 16, 2025)

By WK Editorial Staff

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

ANTITRUST NEWS: The International Center for Law & Economics has filed an amicus brief supporting Apple's request for an emergency stay of a contempt-of-court order in Epic Games, Inc. v. Apple Inc. The order would enjoin Apple from charging “any commission or fee” on various purchases facilitated by Apple’s platform and in-app purchasing (IAP) mechanism. According to ICLE, the order would impose numerous and complex duties to deal that were not identified in the previous injunction and have not been shown necessary to prevent foreclosure. Instead, the order reflects a maximalist interpretation of the initial injunction—requiring micromanagement of Apple’s platform and dictating that Apple must offer business users free access to its ecosystem. At the same time, the order would effectively obviate various of Apple’s legal business practices, including steps Apple might take to protect the integrity and security of its platform and IAP, the privacy and data security of consumers who use the Apple ecosystem, and the value of its intellectual property. While the original injunction did not interfere with “Apple’s business justifications [which] focus on other parts of the Apple ecosystem and will not be significantly impacted by the increase of information to and choice for consumers,” the order is premised on an interpretation of the initial injunction that is no longer a “limited measure [that] balances the justification for maintaining a cohesive ecosystem with the public interest….” Rather, it imposes complex, long-running duties to deal that are unsupported by the record and inconsistent with the relevant jurisprudence and the Supreme Court’s repeated caution that antitrust courts are not central planners.

ANTITRUST NEWS: The Canada Competition Bureau has published its 2025-2026 Annual Plan—Strengthening competition in a changing economy. It outlines the Bureau’s plans as the country faces rapid shifts in trade, market dynamics and technology. In 2025-2026, the Bureau will: Use all available tools to prevent, identify, and address anti-competitive activity, with a focus on sectors of the economy that matter to Canadians; Encourage decision-makers to adopt pro-competitive policies that drive economic growth; Create and deepen its international and domestic relationships; Increase its outreach and promotion efforts to reach a wider audience of consumers and businesses; and Ensure it has the tools and expertise needed to keep up with new business practices, enforcement strategies, and technologies. These efforts will advance the Bureau’s Strategic Vision to become a world-leading competition agency that is at the forefront of the digital economy and champions a culture of competition for Canada.

ANTITRUST NEWS: The U.K. Competition and Markets Authority has issued a final decision in its investigation into an alleged buyer’s cartel among ten of the largest car manufacturers in the world. In April, the CMA announced that BMW, Ford, Jaguar Land Rover, Peugeot Citroen, Mitsubishi, Nissan, Renault, Toyota, Vauxhall and Volkswagen—and 2 trade bodies admitted their involvement in the illegal behavior and agreed to pay fines of over £77 million. Mercedes-Benz, which was also involved in these agreements, was exempt from paying a financial penalty as it alerted the CMA to its participation via the authority’s leniency policy. The CMA found that all manufacturers illegally agreed that they would not advertise if their vehicles went above the minimum recyclability requirement of 85% (even if the actual percentage was higher). Also, from April 2004 to May 2018, eight manufacturers—BMW, Ford, Mercedes-Benz, Peugeot Citroen, Renault, Toyota, Vauxhall and Volkswagen—agreed amongst themselves that they would not pay companies to handle the recycling of their customers’ ELVs. This effectively meant the companies providing this service were unable to negotiate a price with manufacturers.

ANTITRUST NEWS: On May 13, 2025, Senator Chuck Grassley, Chairman of the Senate Judiciary Committee (R. IA), opened a hearing on the abusive practices of Pharmacy benefit Managers (PBMs). Grassley noted: “PBMs have also become more consolidated. The three major PBMs control roughly 80 percent of the PBM market. And many are vertically integrated with insurance companies, providers and more. This power drives up prescription drug costs at the pharmacy counter.” Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, delivered an opening statement highlighting the role PBMs play in distorting patient affordability and choice in the prescription drug market. He also emphasized how President Donald Trump and his allies have curtailed efforts to address PBMs, including by illegally firing the Democratic Federal Trade Commission Commissioners who had been investigating and suing PBMs for anticompetitive behavior, and derailing the December government funding bill, which contained bipartisan PBM reforms.

ACQUISITIONS & MERGERS NEWS: The U.K. Competition and Markets Authority has imposed a penalty of £25,000 for failure by Keysight Technologies Inc. to produce requested documents in merger inquiry. In 2024, Keysight and Spirent Communications plc sent a draft merger notice to the CMA in relation to the anticipated acquisition by Keysight of Spirent. An inquiry into the Merger was opened by the CMA in 2025, which found that the merger gave rise to a relevant merger situation that may be expected to result in a substantial lessening of competition within any market or markets in the UK. The CMA found that Keysight did not produce all responsive documents required by the First Notice within the specified timeframe and therefore failed to comply in full with the requirements of the First Notice.

FRANCHISING & DISTRIBUTION NEWS: The International Franchise Association on May 12 applauded draft tax legislation released by the U.S. House Ways and Means Committee, which included several provisions critical to preventing a tax hike on America’s 850,000 franchise small businesses. IFA Chief Advocacy Officer Michael Layman released the following statement in support of the legislation: “IFA commends the U.S. House Ways and Means Committee’s draft tax legislation, which includes several provisions essential to small businesses. The legislation increases the Section199A deduction to 23% and makes the provision permanent, reducing the tax burden on franchise owners and giving them more savings to reinvest in their businesses and their employees. Nearly all franchise owners are structured as pass-through businesses, and without this legislation they would face a significant tax increase at the end of the year.”

Companies: Epic Games, Inc.; Apple Inc.: Keysight Technologies Inc.; Spirent Communications plc; BMW (UK) Limited; BMW AG; Ford Motor Company Limited; Ford-Werke GmbH; Ford of Europe GmbH; Ford Motor Company; Jaguar Land Rover Limited; Jaguar Land Rover Holdings Limited; Tata Motors Limited; Mercedes-Benz UK Limited; Mercedes-Benz Group AG; Mitsubishi Motor R&D Europe GmbH; Mitsubishi Motors Europe B.V.; Mitsubishi Motors Corporation; Nissan Automotive Europe SAS; Nissan Motor Manufacturing UK Limited; Nissan Motor Parts Centre B.V.; Nissan Motor (GB) Limited; Nissan Motor Co. Ltd; Renault Retail Group UK Limited; Renault U.K. Limited; Renault S.A.; Renault S.A.S.; Toyota (GB) Plc; Toyota Motor Europe NV/SA; Toyota Motor Corporation; Vauxhall Motors Limited; Opel Automobile GmbH; Peugeot Motor Company Plc; Citroen U.K. Limited; Stellantis N.V.; General Motors Company; Volkswagen Group United Kingdom Limited; Volkswagen AG

News: AcquisitionsMergers Antitrust FranchisingDistribution