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Last Week in Antitrust Litigation (#055)
Week of March 30, 2026 Top Takeaways Control Over Data and Supply Chains Faces New Challenges: Lawsuits against CVS and a sports data provider claim companies used their control of key systems to shut out competitors and raise prices. Courts Reject Weak Conspiracy Claims: Judges dismissed several cases where plaintiffs could not show that coordinated behavior actually harmed competition, not just individual businesses. Some Claims Move Forward Where Harm Is Clear: Courts allo

Kressin Powers
5 days ago
Last Week in Antitrust Litigation (#054)
Week of March 23, 2026 Top Takeaways Section 1 Enforcement Targets Anti-Steering and Network Design: United States v. NYP continues a line of cases challenging dominant-provider contracting restrictions that foreclose narrow networks and tiered pricing mechanisms under rule-of-reason analysis. Parallel Conduct and Bundling Theories Extend Across Markets: HVAC and ski-pass cases reflect increasing reliance on coordinated pricing and tying theories in both commodity and platfo

Kressin Powers
Mar 29
Last Week in Antitrust Litigation (#053)
Week of March 16, 2026 Top Takeaways SEP and FRAND Litigation Evolves Under Section 2: ASUSTek v. Nokia advances claims that deceptive conduct in standard-setting and post-adoption royalty demands can constitute exclusionary conduct and monopolization in technology markets. Horizontal and Vertical Effects Drive Merger Challenges: The Nexstar–TEGNA actions reflect increasing reliance on both local market concentration and nationwide bargaining leverage theories in Section 7 l

Kressin Powers
Mar 22
Last Week in Antitrust Litigation (#052)
Week of March 9, 2026 Top Takeaways Commodity Market Coordination Allegations Expand: Stevens v. Nutrien advances Section 1 claims targeting alleged information exchanges and parallel pricing among dominant fertilizer producers in a highly concentrated global market. Platform Intermediation and Data Standards as Competitive Bottlenecks: DTN v. Gravitate reflects increasing reliance on antitrust theories addressing exclusion through control of proprietary technical specifica

Kressin Powers
Mar 15
Last Week in Antitrust Litigation (#051)
Week of March 2, 2026 Top Takeaways Control of Data and Infrastructure Faces Antitrust Scrutiny: New suits against CUSIP Global and Hudl highlight rising challenges to companies that control essential market infrastructure—from securities identifiers required for capital markets access to sports video data platforms relied on by schools and leagues. Courts Continue Tight Screening of Antitrust Claims: Multiple decisions dismissed claims lacking clear market definitions, antit

Kressin Powers
Mar 8
Last Week in Antitrust Litigation (#050)
Week of February 23, 2026 Top Takeaways Brand and Contract Strategies Face Antitrust Challenges: Lawsuits against UGG owner Deckers and OhioHealth allege companies used litigation and restrictive contracts to block lower-cost rivals, highlighting risks in aggressive IP enforcement and network design. Sports Industry Litigation Expands: Consumers sued the UFC over pay-per-view pricing, and a court temporarily blocked an NCAA eligibility rule—showing that sports governance rema

Kressin Powers
Mar 2
Last Week in Antitrust Litigation (#049)
Week of February 17, 2026 Top Takeaways Group Boycott and Association Liability Reemerge: Terrazzo USA v. NTMA advances classic Section 1 theories targeting coordinated refusals to deal enforced through trade-association membership criteria and material supply controls. Selective Survival of Tying and Exclusive-Dealing Claims: In United States v. Live Nation , the court narrowed market definitions but allowed artist-facing tying and venue-facing ticketing foreclosure theorie

Kressin Powers
Feb 23


KP Partner Aaron Teitelbaum appears on Fox Business to discuss Netflix/Warner Bros.
Partner Aaron Teitelbaum joined Liz Claman on Fox Business's The Claman Countdown to weigh in on the bidding war for Warner Bros. Discovery. As counsel to Netflix, Aaron argued that Paramount's rhetoric has become a distraction from the substantive dealmaking at play — and explained what Warner Bros.'s decision to reopen talks with Paramount Skydance could mean for the broader media landscape. Watch the full segment below. Watch the latest video at foxbusiness.com

Kressin Powers
Feb 19
Last Week in Antitrust Litigation (#048)
Week of February 9, 2026 Top Takeaways Actavis Framework Continues to Shape Pharma Litigation: The Dexilant ruling reinforces courts’ willingness to infer plausibly anticompetitive reverse payments and potential per se market-allocation theories while limiting exposure to timely overcharge periods. Heightened Judicial Scrutiny of Agreement and Power Allegations: Decisions in Little v. Pacific Seafood and Compass v. Zillow emphasize rigorous application of Twombly standar

Kressin Powers
Feb 17
Last Week in Antitrust Litigation (#047)
Week of February 2, 2026 Top Takeaways Structural Presumptions Drive Merger Challenges: United States v. Reddy Ice reflects continued reliance on Philadelphia National Bank –style concentration analysis, with regulators emphasizing loss of head-to-head rivalry and durable entry barriers in localized markets. Judicial Gatekeeping Narrows Private Antitrust Claims: Decisions in Pease , Dhamala , Brown v. NFL , and OWN Your Hunger reaffirm rigorous application of standing, mark

Kressin Powers
Feb 9
Last Week in Antitrust Litigation (#046)
Week of January 26, 2026 Top Takeaways Antitrust Meets Climate Policy: State of Michigan v. BP advances a novel theory of coordinated fossil-fuel dominance—linking Section 1 and 2 violations to alleged collusion in renewable-energy suppression and climate misinformation campaigns. Heightened Structural Enforcement Continues: The DOJ’s Columbus McKinnon–Kito Crosby suit and the FTC’s Edwards–JenaValve injunction reflect reinvigorated Philadelphia National Bank –style presum

Kressin Powers
Feb 2
Last Week in Antitrust Litigation (#045)
Week of January 19, 2026 Top Takeaways Section 2 and Financial Coordination Claims Broaden Market Reach : Comulate v. Applied Systems and CentralSquare v. Eagle Point showcase evolving monopolization and collusion theories in enterprise SaaS and leveraged-loan markets, extending antitrust enforcement into complex technology and credit infrastructures. Professional-Board Conduct Under Renewed Challenge: Am. Coll. of Nurse-Midwives v. Mississippi Board of Medical Licensure h

Kressin Powers
Jan 26
Last Week in Antitrust Litigation (#044)
Week of January 12, 2026 Top Takeaways Music and Pharma Face New Monopoly Allegations: X Corp. accused major publishers of using mass DMCA takedowns to fix licensing prices, while Strive v. Lilly/Novo Nordisk targets GLP-1 market exclusivity—underscoring growing convergence of antitrust, IP, and digital-platform law. Courts Signal Limits and Liability Across the Board: The Cumulus v. Nielsen injunction highlights continued judicial readiness to curb coercive tying, while Ca

Kressin Powers
Jan 19
Last Week in Antitrust Litigation (#043)
Week of January 5, 2026 Top Takeaways Healthcare Consolidation Under Fire Again: A sweeping new class action accuses Cigna, Express Scripts, and their affiliates of monopolizing the specialty pharmacy market—illustrating continued private enforcement pressure on vertically integrated PBM–pharmacy structures. Courts Reinforce Pleading Precision: Rulings in PMM Holdings and Cinemacloudwords show that courts expect plaintiffs to allege concrete jurisdictional facts, clear mark

Kressin Powers
Jan 12


Kressin Powers Elevates Patrick Greco to Partner and Adds Caitlin Grzymala as Director of Operations
Patrick Greco is Elevated to Partner and Caitlin Grzymala joins Kressin Powers WASHINGTON, D.C. - Kressin Powers is proud to announce the promotion of Patrick Greco to partner and the addition of Caitlin Grzymala as Director of Operations. Patrick joined the firm in 2021 and has been an integral leader of the team since then. Patrick is an experienced antitrust litigator who has devoted his career to advocating for his clients in front of regulators across the full spect

Kressin Powers
Jan 6
Last Week in Antitrust Litigation (#042)
Week of December 29, 2025 Top Takeaways Antitrust Theories Meet Emerging Technologies: A new suit against a 3D-print gun designer applies Sherman Act claims to digital file-sharing, highlighting how courts may confront competition issues in decentralized, IP-heavy markets. Courts Reinforce Limits on Standing and Market Definition: Dismissals in Campbell Family and Subspace Omega reaffirm that plaintiffs must show competitive participation in a defined market and more than s

Kressin Powers
Jan 5
Last Week in Antitrust Litigation (#041)
Week of December 22, 2025 Top Takeaways Antitrust Lawsuits Reach New Frontiers: Developers and cattle breeders face new claims—showing that antitrust challenges now touch real estate, agriculture, and healthcare alike. Judges Tighten the Rules on Litigation-Based Conduct: A court let “sham litigation” claims proceed against a drug company accused of using patents to block biosimilars, signaling that aggressive IP enforcement can raise antitrust risk. Courts Demand Better Expe

Kressin Powers
Dec 29, 2025
Last Week in Antitrust Litigation (#040)
Week of December 15, 2025 Top Takeaways Tech and Platform Conduct Remains Frontline Risk: New suits against YouTube, PepsiCo, and Google highlight expanding theories of dominance and coordination—spanning video monetization, vertical pricing, and digital advertising. Regulators Sustain Merger Momentum: The FTC’s action to block Henkel’s Liquid Nails acquisition underscores continued enforcement against brand consolidation in consumer goods, reaffirming market-share thresholds

Kressin Powers
Dec 22, 2025
Last Week in Antitrust Litigation (#039)
Week of December 8, 2025 Top Takeaways Merger Scrutiny Expands Beyond Government Enforcement: The DOJ and Texas AG moved to block Constellation’s $26.6B Calpine deal—showing that federal and state regulators are continuing to press merger challenges. Courts Tighten Collusion Pleading Standards: The dismissal of the Manufactured Home Lot Rents case underscores that data sharing and parallel conduct, without specific “plus factors,” are insufficient to infer conspiracy. Remedi

Kressin Powers
Dec 15, 2025
Last Week in Antitrust Litigation (#038)
Week of December 1, 2025 Top Takeaways Antitrust Claims Spread Across Industries: Oil refiners, mall landlords, and medical-certification boards are all facing new suits—showing how antitrust challenges are expanding into energy, real estate, and professional services. Courts Keep New Market Theories Alive: Judges allowed claims involving cannabis products, generic drugs, and credit reporting to move forward, signaling that even emerging or highly regulated markets can trigge

Kressin Powers
Dec 8, 2025
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