Antitrust Law Daily Wrap Up, WORTH NOTING: Other Antitrust and Trade Regulation developments, (Apr 10, 2026)

By WK Editorial Staff

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

ANTITRUST—S.D.N.Y.: The federal district court in New York City has ruled on several sealing motions related to an antitrust suit filed by several publishers and advertisers, finding that the parties largely made out the required showing that the proposed redactions and sealings were narrowly tailored to protect sensitive commercial information from public disclosure. Google and the Daily Mail have both filed several motions for summary judgment, which prompted the parties and non-parties to file sealing motions. For all filings, the court allowed the redaction or sealing of employee names, but not for top-tier senior executives such as the CEO, CFO, CIO, General Counsel, and unit or division heads. The job titles of all employees, regardless of tier, shall not be redacted or sealed. Also, the court concludes that disclosure of sensitive commercial information, otherwise maintained as confidential, would cause competitive or other tangible economic harm to Google (In re: Google Digital Advertising Antitrust Litigation, No. 1:21-md-03010-PKC (S.D.N.Y. Apr. 8, 2026)).

ANTITRUST NEWS: President Trump signed an Executive Order directing federal agencies to bolster the effectiveness of key college-sports rules on transferring, eligibility, and pay-for-play by evaluating whether violations of such rules render a university unfit for federal grants and contracts. Also, the Order calls on the appropriate governing body to update these rules to restore financial stability and protect the future of all college sports, including women’s and Olympic sports by: (1) establishing clear, consistent, and fair eligibility limits, including a five-year participation window; (2) setting structured transfer rules for academic and athletic continuity; (3) ensuring medical care for student-athletes; (4) implementing revenue-sharing in a manner that protects and expands opportunities in women’s and Olympic sports; (5) banning improper financial arrangements including pay-for-play agreements facilitated by collectives and similar entities; and (6) establishing protections against unscrupulous agent conduct.

ANTITRUST NEWS: Washington state enacted a new law to make noncompetition covenants void and unenforceable, effective June 30, 2027. House Bill 1155 was approved by the governor on March 23, 2026 (Washington Laws of 2026, Chapter 149).

ACQUISITIONS & MERGERS NEWS: The State of Washington has amended its notification regime for health care transactions to prohibit the parties to a deal from proceedings with the transaction until 30 days after the parties have certified that they are in substantial compliance with any request for information from the attorney general. The amendment to Title 19, Chapter 19.390 also adds to the types of transactions within the scope of the reporting requirements. For instance, it includes language to cover "transactions involving any entity or person that result in a change of majority ownership or control of a hospital, hospital system, or provider organization including, but not limited to, a merger, acquisition, or contracting affiliation." House Bill 2548 was approved by the governor March 25, 2026. The effective date is June 11, 2026 (Washington Laws of 2026, Chapter 222).

ACQUISITIONS & MERGERS NEWS: The Australian Competition & Consumer Commission (ACCC) announced that the country’s new merger control regime is working as expected and the ACCC is meeting its commitments on decision timelines, according to data from its first three months of operation.

ACQUISITIONS & MERGERS NEWS: Canada’s Competition Bureau announced that it has obtained a court order to gather information to advance its investigation into Keyera Corp’s (Keyera) proposed acquisition of the Canadian natural gas liquids business of Plains All American Pipeline LP (Plains). Both Keyera and Plains are important midstream oil & gas companies in Canada. The Bureau is investigating whether the proposed transaction is likely to result in a substantial lessening or prevention of competition in the Canadian oil & gas industry. The Federal Court order requires Inter Pipeline Ltd, another player in the Canadian oil & gas industry, to produce records and information that are relevant to the Bureau’s investigation.

AGENCY NEWS: The FTC has published its FY 2026-2030 Strategic Plan, which lays out the agency’s mission, vision, and goals and establishes metrics to track the agency’s work. Goal 1 focuses on consumer protection law enforcement and education. Goal 2 focuses on antitrust law enforcement and research. Goal 3 focuses on efficient operations, training, and technology. The plan returned the phrase “without unduly burdening legitimate business activity” to the mission statement. Also, the FTC has added language about its efforts to protect children online, Finally, the FTC eliminated performance metrics that the agency believed were not providing actionable data, and added an improved cost-benefit metric that it says will clearly measure the FTC’s value to the American taxpayer.

AGENCY NEWS: The American Bar Association Section of Antitrust Law announced its 2026 Janet D. Steiger Fellowship Winners. Recipients included first and second year law students working in the consumer protection departments of state and territorial Offices of Attorneys General throughout the United States.

FRANCHISING & DISTRIBUTION—Wash. App.: Young’s Market Company of Washington, a wholesale distributor of alcoholic beverages, was subject to Washington business and occupation (B&O) tax under the service and other activities classification for termination payments received from a competitor when a supplier terminated Young’s wholesale distribution rights without cause, according to the Washington Court of Appeals. The Washington Wholesale Distributor/Supplier Equity Agreement Act, ch. 19.126 RCW (Franchise Act ), the state’s alcoholic beverages distribution law, allows wholesale distributors the right to receive monetary compensation from a successor distributor when a supplier terminates distribution rights without cause. Activity need not be voluntary to be subject to B&O tax. The transfer of distribution rights is a business activity contemplated by the Franchise Act and is an inherent part of the wholesale business. Consequently, when the taxpayer transferred its distribution rights and received compensation, it engaged in a business transaction and resulting proceeds are deemed gross income of the business. Furthermore, since the transfer of distribution rights is not a sale at wholesale, the wholesale B&O tax rate does not apply, the court held (Young's Market Company Of Washington, LLC v. State Of Washington, Department Of Revenue, No. 87614-7-I (Wash. App. Mar. 30, 2026)).

Attorneys: John Thorne (Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.) for Associated Newspapers Ltd. and Mail Media, Inc. Andrew Ewalt (Freshfields US LLP) for Alphabet Inc. Scott M. Edwards (Ballard Spahr LLP) for Young's Market Co. of Washington, LLC. Kate Adams, Washington State Office of the Attorney for the State of Washington, Department of Revenue.

Companies: Associated Newspapers Ltd.; Mail Media, Inc.; Alphabet Inc.; Young's Market Co. of Washington, LLC; Keyera Corp.; Plains All American Pipeline LP; Inter Pipeline Ltd.

News: Antitrust AcquisitionsMergers FranchisingDistribution FederalTradeCommissionNews WashingtonNews NewYorkNews