Week of September 7, 2026 Top Takeaways City-Backed Grocery Discounts Face Predatory-Pricing Claims: Supermarket plaintiffs challenged New York City’s planned grocery program, alleging that mandated discounts supported by public subsidies would exclude private competitors. The suit puts public-private operating arrangements—not just traditional corporate pricing strategies—under antitrust scrutiny. Capacity Decisions Can Strengthen Price-Fixing Allegations: In Artuso, repeate

Week of August 31, 2026 Top Takeaways Google Avoids Ad-Tech Breakup: The court accepted “most” of the proposed behavioral remedies but rejected proposed structural remedies—including divestiture of AdX and potential divestiture of DFP—marking a significant development in the government’s landmark ad-tech monopolization case. What those behavioral remedies are remains to be seen. Shale Oil Conspiracy Claims Survive: A federal court allowed core claims that major U.S. shale pro

Week of August 24, 2026 Top Takeaways Direct Evidence Strengthens Overarching-Conspiracy Theories: The Generic Pharmaceuticals MDL illustrates how guilty pleas, deferred prosecution agreements, employee testimony, internal communications, and evidence of “fair share” understandings can collectively support an inference of an industrywide conspiracy at summary judgment. Manufacturer-Assisted Dealer Cartels Remain a Section 1 Risk: Gold v. Rippa Machinery demonstrates that vert

Week of August 17, 2026 Top Takeaways Foreclosure Theories Span Healthcare and Platform Markets: The OhioHealth and Compass complaints advance Section 1 and 2 theories targeting contractual anti-steering restraints and platform strategies allegedly designed to restrict rival access and preserve market power. Merger Remedies Face Scrutiny Beyond the Competitive Merits: The court approved the HPE–Juniper settlement despite finding that the remedy may only partially address the

Week of August 10, 2026 Top Takeaways Localized Merger Markets Remain Vulnerable Under Section 7: The CRH matter illustrates continued enforcement against three-to-two combinations in narrowly defined geographic markets, with divestiture relief used to preserve an independent competitive constraint. Labor-Market Pleading Is Driving NCAA Outcomes: Masterson and Larry demonstrate the importance of plausibly defining the relevant labor market and connecting eligibility restricti

Week of August 3, 2026 Top Takeaways Merger Enforcement Continues to Target Media and Healthcare: New challenges to the Paramount–Warner Bros. transaction and an HSR enforcement action against Edwards Lifesciences reflect continued aggressive scrutiny of both substantive merger effects and transaction compliance. Courts Continue to Narrow Viable Monopolization Claims: Decisions involving Google, Treace, yacht brokerage commissions, and Under Armour reinforce that plaintiffs m

Week of July 27, 2026 Top Takeaways Admissions Continue to Shape Generic Drug Litigation: The court's partial summary judgment against Teva in the generic pharmaceuticals MDL underscores the powerful effect of criminal and Rule 36 admissions, allowing plaintiffs to establish Sherman Act liability without a trial on the violation element. Procedural Defenses Remain a Powerful Gatekeeper: Multiple courts dismissed antitrust claims on threshold grounds—including statutes of limi

Week of July 20, 2026 Top Takeaways Courts Continue to Closely Scrutinize Dominant-Firm Conduct: New and pending cases involving emissions-testing kiosks, physician certification, and automotive services underscore continued willingness to examine exclusive dealing, refusals to deal, and exclusionary policies that allegedly deny rivals access to essential inputs or markets. State Merger Challenges Gain Early Momentum: A federal court temporarily blocked Paramount’s proposed a

Week of July 13, 2026 Top Takeaways Merger Enforcement Remains Front and Center: New challenges to the proposed Paramount–Warner Bros. transaction and the DOJ’s HSR enforcement action against Edwards Lifesciences demonstrate continued aggressive scrutiny of both substantive merger effects and compliance with premerger notification requirements. Courts Continue to Demand Plausible Competitive Harm: Dismissals in the Under Armour, Treace, and yacht brokerage cases reinforce tha

Weeks of June 22 and June 29, 2026 Top Takeaways Drug Pricing Cases Remain a Major Enforcement Focus: Courts advanced key generic-drug conspiracy claims and approved another large pharmaceutical settlement, showing that healthcare antitrust litigation remains highly active. Judges Continue to Screen Weak Monopoly Claims: Several courts dismissed monopolization claims where plaintiffs could not show a clear duty to deal, market-wide harm, or sufficient evidence of exclusionary

Weeks of June 22 and June 29, 2026 Top Takeaways Government Enforcement Intensifies in Food and Healthcare Markets: The DOJ’s benchmark-manipulation case against Cal-Maine and Pennsylvania’s negotiated resolution of the Allegheny Health merger underscore continued aggressive enforcement through both structural and behavioral remedies in essential consumer and healthcare markets. Private Follow-On Litigation Continues to Gain Momentum: New lawsuits involving shipping container

Week of June 15, 2026 Top Takeaways Courts Continue to Demand Concrete Competitive Harm: Dismissals in the Apple Books, boat-listing, and septic-system cases reinforce that allegations of harm to a single competitor, without plausible market-wide effects, remain insufficient to sustain antitrust claims. Procedural Issues Are Increasingly Driving Outcomes: Recent decisions turned on arbitration provisions, class certification standards, and pleading deficiencies rather than th

Week of June 8, 2026 Top Takeaways Class Certification Remains a Major Hurdle in Labor Antitrust Cases: The denial of certification in the outpatient medical center wage-suppression litigation underscores courts’ increasing scrutiny of expert models and the difficulty of proving classwide impact and damages across diverse labor markets. Industry Certification Programs Face Continued Antitrust Scrutiny: Although the court dismissed the core antitrust claim in National Auto Too

Week of June 1, 2026 Top Takeaways Access Restrictions and Platform Governance Become Central Antitrust Themes: Cases against Microsoft, Phantom, and Porsche advance theories that dominant firms can unlawfully foreclose competition through platform controls, interoperability restrictions, and access to essential functionality. Judicial Scrutiny of Exclusionary Conduct Remains Exacting: Decisions in Element Biosciences v. Illumina and NECEC Transmission v. Campos reaffirm that

Kressin Powers is proud to announce its recognition in the 2026 edition of Chambers USA for the second consecutive year. The firm has been ranked in Band 5 for Antitrust (New York), and partner Richard Powers has earned an individual ranking in the same category, reflecting the firm’s continued growth and depth of talent. Thanks to our clients and colleagues for the recognition. “Kressin Powers LLC is a go-to antitrust boutique highlighted for its broad expertise. The tea

Week of May 26, 2026 Top Takeaways Structural Relief Remains the Preferred Merger Remedy: The consent judgment in United States v. Constellation Energy reflects continued reliance on divestiture packages, hold-separate obligations, and trustee oversight to address localized competitive concerns under Section 7. Labor-Market Antitrust Claims Face Standing Hurdles: Hanna v. Hackensack Meridian reinforces that plaintiffs must plead injury to competition in a defined labor market

Week of May 18, 2026 Top Takeaways Aftermarket and Interoperability Theories Continue to Evolve: Cases against Porsche, Deere, Sennebogen, and CoStar reflect expanding Section 2 theories focused on control of repair tools, proprietary ecosystems, and access to platform infrastructure. Actavis-Based Reverse-Payment Litigation Produces Landmark Verdict: The Amitiza jury verdict reinforces the continued viability of large-and-unjustified-payment theories and demonstrates juries’

Week of May 11, 2026 Top Takeaways Aftermarket and Access-Control Theories Gain Traction: Fleet Salvage v. Porsche and Bantam v. Huntsville Utilities reflect continued reliance on aftermarket monopolization and essential-access theories targeting firms that allegedly leverage proprietary systems and regulatory authority to foreclose rivals. Platform Conduct Analysis Becomes More Nuanced: The Sezzle v. Shopify ruling demonstrates courts’ willingness to distinguish between acti

Week of May 4, 2026 Top Takeaways Information Sharing and Vertical Restraints Remain Central Enforcement Themes: Twomey v. Ace Hardware and Ellman v. BTL advance Section 1 and 2 theories targeting coordinated pricing architectures, resale restraints, and data-sharing mechanisms that allegedly suppress intrabrand and local-market competition. Courts Continue to Sustain Complex Foreclosure Theories: Decisions in Teva v. Corcept, ZoomInfo v. ZenLeads, and FTC v. Zillow demonstra