Antitrust Law Daily Wrap Up, WORTH NOTING: Other Antitrust and Trade Regulation developments, (Oct 10, 2025)

By WK Editorial Staff

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

ANTITRUST—J.P.M.L.: The U.S. Judicial Panel on Multidistrict Litigation has centralized five actions concerning price fixing and market allocation in the cannabis oil vaporizer systems market pending in four districts in the Northern District of California. Centralization in the Northern District of California will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. The cases all concern allegations that defendants entered into a price-fixing agreement and market allocation scheme to raise the price of closed cannabis oil vaporizer systems manufactured by Smoore. All plaintiffs allege that defendants agreed to create a minimum price floor for the products, prevented the purchase of competing products, and shared price and customer information with one another. Four of the actions are brought on behalf of putative nationwide classes of indirect purchasers of Smoore’s closed cannabis oil vaporization products, and the fifth consolidated action is brought on behalf of a similar class of direct purchasers. Centralization will eliminate duplicative discovery, prevent inconsistent pretrial rulings, and conserve the resources of the parties, their counsel, and the judiciary (In Re: Ccell Closed Cannabis Oil Vaporization Systems and Components Products Litigation, No. 3161 (J.P.M.L. Oct. 1, 2025)).

ANTITRUST NEWS: The UK Competition and Markets Authority (CMA) has confirmed that the legal tests have been met to designate Google with strategic market status (SMS) in general search and search advertising services. The UK’s new digital markets competition regime came into force on 1 January 2025, allowing the CMA to take targeted and proportionate action to improve competition in digital markets, helping to drive innovation, investment and growth across the UK economy. The CMA confirmed that Google has substantial and entrenched market power in general search and search advertising and has been designated with strategic market status. Google’s Gemini AI assistant is not in scope of the designation. However, this position will be kept under review given uncertainty over how the market is developing and could be amended in future if certain factors change and following consultation. Other AI-based search features, such as AI Overviews and AI Mode, are in scope of the designation.

ANTITRUST NEWS: Senators Maria Cantwell (D-Wash.), Ranking Member of the Senate Committee on Commerce, Science and Transportation, Cory Booker (D-N.J.), and Richard Blumenthal (D-Conn.) introduced the Student Athlete Fairness and Enforcement (SAFE) Act (S. 2932) to codify athletes’ rights and protections in law, expand revenue for all schools, support women’s and Olympic sports and bring much-needed stability to the college sports system. Among other things, the bill would allow colleges and universities to lawfully negotiate their media rights as a group to increase their value—just like the NFL, NBA and NHL are able to do, without violating antitrust laws. The bill accomplishes this by amending the Sports Broadcasting Act of 1961 to include college sports, with an antitrust exemption for organized college athletic competitions that begins upon signing of the legislation.

ANTITRUST NEWS: In an antitrust action brought by Epic Games against Google, Google has been denied by the U.S. Supreme Court a requested a stay of the permanent injunction entered by the district court in the high-profile case. Google had asked the Supreme Court for a partial stay pending its petition for review of a Ninth Circuit panel decision affirming the injunction. In the case, Epic Games alleged that Google foreclosed competition in the market for Android App distribution and in a discrete market for in-app billing services on Android devices. A jury found that Google unlawfully monopolized Android App distribution and in-app billing services markets on Android devices, and that verdict was affirmed. The federal district court in San Francisco entered the injunction against Google that is in question. Google contends that the remedy is not good for either users or developers.

ANTITRUST NEWS: Australian Competition & Consumer Commission (ACCC) Chair Gina Cass-Gottlieb has welcomed the appointment of Luke Woodward as a Commissioner for a 5-year term at the ACCC, commencing October 10, 2025. Woodward is regarded as one of Australia’s leading competition and consumer law practitioners. He has more than 30 years of experience spanning competition and consumer matters, mergers and acquisitions, and infrastructure regulation in a range of sectors.

ANTITRUST NEWS: The European Commission and the European Data Protection Board (EDPB) have launched a public consultation to gather feedback on draft guidelines on the interplay between the Digital Markets Act (DMA) and the General Data Protection Regulation (GDPR). The guidelines will aid companies to interpret and comply with the two sets of rules and the points in which they intersect. This includes provisions in the DMA on the combination and portability of users' data, which involve processing personal data and therefore require compliance with GDPR. Also, the DMA foresees alternative app stores and distribution channels for apps, for which gatekeepers put in place strictly necessary and proportionate measures that must also comply with GDPR.

ACQUISITIONS & MERGERS NEWS: The European Commission (EC) has approved, under the EU Merger Regulation, the acquisition of sole control of Rhéa Holding SAS and its subsidiaries, including Kereis SAS and its subsidiaries, of France, by Advent International L.P. of the US. The transaction relates primarily to the sector of insurance brokerage and software relating to the distribution and administration of insurance products.

The EC also approved the acquisition of sole control of the Essential Home Business of Reckitt Benckiser Group plc of the Netherlands by Advent International L.P. of the US.

The transaction relates primarily to the markets of household cleaning and hygiene products.

The acquisition of joint control of Greysbridge Holdings Ltd. by Arch Capital Group Ltd., both of Bermuda, TPG Inc., Kelso & Company L.P. and Warburg Pincus LLC, all of the US, was also approved by the EC under the EU Merger Regulation. The transaction relates primarily to the provision of property and casualty insurance and reinsurance.

ACQUISITIONS & MERGERS NEWS: The Australian Competition & Consumer Commission (ACCC) has outlined its preliminary competition concerns with Yamaha Motor Australia Pty Ltd’s proposed acquisition of Telwater Pty Ltd in a Statement of Issues. Telwater is the largest manufacturer and supplier of aluminum trailer boats in Australia and has strong brand recognition throughout the recreational marine industry. Market participants have told the ACCC that a Telwater aluminum trailer boat is a very important product for many dealers. Yamaha is a leading supplier of outboard motors.

ADVERTISING—N.D. Ill.: Novo Nordisk A/S sufficiently pleaded a claim for false advertising against compounding pharmaceutical seller Ambrose Medical LLC, according to the federal district court in Chicago. Novo Nordisk manufactures three pharmaceuticals that treat diabetes and chronic weight management: Wegovy, Ozempic, and Rybelsus. Semaglutide is the primary ingredient of all three. Ambrose, a medical clinic that sold combined semaglutide and B12 injectable compounded drugs, advertised that semaglutide is FDA-approved for weight loss and users lost just over 15% of their body fat. While it is true that semaglutide is FDA-approved, only Novo is approved by the FDA to sell semaglutide. The court found that Ambrose’s statement was literally false because its product is not FDA approved. Also, Novo Nordisk’s allegations that Ambrose’s actions are causing injuries to its business reputation were sufficient to show an injury to its commercial interests. The court rejected Ambrose’s argument that because the FDA allows compounding pharmacies to market and prescribe its semaglutide/B12 compound, the claims were precluded by the Food, Drug, and Cosmetics Act. Ambrose’s argument about its permission to compound with semaglutide did not undermine the plausibility of Novo Nordisk’s claim that it was false for Ambrose to describe its compound as “FDA approved” (Novo Nordisk A/S v. Ambrose Medical LLC, No. 1:24-cv-11541 (N.D. Ill. Sept. 30, 2025)).

ADVERTISING—S.D.N.Y.: The federal district court in New York City granted United States Gypsum Company (USG) discovery in a Lanham Act suit against competitor Ectek Building Materials, Inc. USG alleged that EBM falsely advertised that its magnesium oxide board (brand name Megaboard) met the International Building Code noncombustibility standards for materials used in certain types of residential and commercial construction. EBM’s certification was allegedly based on an incorrect interpretation of the ASTM E136 testing standards. USG requested a Full Skid of Megaboard so that USG may conduct its own ASTM E136 testing. Whether USG need only prove EBM' s proffered test results were unreliable at trial was not a sufficient basis to limit discovery. The requested production was neither disproportionate to the needs of the case nor unduly burdensome to EBM (United States Gypsum Co. v. Ectek International, Inc., No. 1:23-cv-03459-LLS (S.D.N.Y. Oct. 7, 2025)).

Attorneys: James L. Ferraro (Ferraro Law Firm, P.A.) for S.K. Jaikaran Singh (Foley and Lardner LLP) for Jupiter Research, LLC. Neil K. Roman (Covington & Burling, LLP) for Novo Nordisk Inc. Claire M. Schenk (Thompson Coburn LLP) for Ambrose Medical, LLC. David Justin Dino (Harris Beach Murtha Cullina PLLC) for U.S. Gypsum Co. Gregg Douglas Weinstock (Barker Patterson Nichols, LLP) for Ectek International, Inc.

Companies: Jupiter Research, LLC; Novo Nordisk Inc.; Ambrose Medical, LLC; U.S. Gypsum Co.; Ectek International, Inc.; Google; Rhéa Holding SAS; Kereis SAS; Advent International L.P.; Reckitt Benckiser Group plc; Yamaha Motor Australia Pty Ltd; Telwater Pty Ltd; Greysbridge Holdings Ltd.; Arch Capital Group Ltd.; TPG Inc.; Kelso & Company L.P.; Warburg Pincus LLC; Epic Games

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