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Last Week in Antitrust Litigation (#072)
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

Kressin Powers
1 day ago
Last Week in Antitrust Litigation (#071)
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

Kressin Powers
Aug 2
Last Week in Antitrust Litigation (#070)
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

Kressin Powers
Jul 26
Last Week in Antitrust Litigation (#069)
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

Kressin Powers
Jul 19
Last Week in Antitrust Litigation (#068)
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

Kressin Powers
Jul 12
Last Week in Antitrust Litigation (#067)
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

Kressin Powers
Jul 5
Last Week in Antitrust Litigation (#066)
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

Kressin Powers
Jun 21
Last Week in Antitrust Litigation (#065)
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

Kressin Powers
Jun 14
Last Week in Antitrust Litigation (#064)
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
Jun 8


Chambers and Partners Recognizes Kressin Powers and Partner Richard Powers in Chambers USA 2026
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

Kressin Powers
Jun 4
Last Week in Antitrust Litigation (#063)
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

Kressin Powers
May 31


Kressin Powers Elevates Zachary Martin to Partner and Adds Benjamin Christenson as Counsel
Kressin Powers Elevates Zachary Martin to Partner and Adds Benjamin Christenson as Counsel

Kressin Powers
May 26
Last Week in Antitrust Litigation (#062)
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’

Kressin Powers
May 25
Last Week in Antitrust Litigation (#061)
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

Kressin Powers
May 18
Last Week in Antitrust Litigation (#060)
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

Kressin Powers
May 11
Last Week in Antitrust Litigation (#059)
Week of April 27, 2026 Top Takeaways IP Misuse and Merger Challenges Expand Antitrust Frontiers: New suits targeting alleged sham patent enforcement in smart devices and consolidation in media markets highlight continued use of Section 2 and Section 7 theories to police both innovation markets and large-scale transactions. Courts Continue to Enforce Strict Market-Definition Standards: Dismissals in cases involving airlines, housing development, and legal-services platforms un

Kressin Powers
May 3
Last Week in Antitrust Litigation (#058)
Week of April 20, 2026 Top Takeaways Antitrust Claims Expand into New Industries: A lawsuit in the Christian music touring space shows that antitrust risk can arise in any industry where a few players control access to key opportunities or customers. Courts Require More Than Similar Pricing: Judges dismissed claims where plaintiffs could not show actual coordination, emphasizing that similar pricing alone doesn’t prove a conspiracy. Real Estate and Membership Rules Still Un

Kressin Powers
Apr 26
Last Week in Antitrust Litigation (#057)
Week of April 13, 2026 Top Takeaways Market Power Through Data and Contracts Under Fire: Lawsuits against CoStar claim the company used exclusivity and data restrictions to block competitors, highlighting risks for businesses that control key information platforms. Regulators and Plaintiffs Target Industry Coordination: Cases involving trading cards and advertising practices show continued scrutiny of both mergers and coordinated standards that may limit competition. Courts D

Kressin Powers
Apr 19
Last Week in Antitrust Litigation (#056)
Week of April 6, 2026 Top Takeaways Tech and Hiring Practices Draw New Lawsuits: A resume platform and major employers face claims they used unfair tactics to block competitors and limit worker mobility, showing antitrust risks in both digital and labor markets. More Cases Follow Major Price-Fixing Allegations: New filings tied to fertilizer and healthcare pricing disputes show how large antitrust cases continue to generate additional claims across industries. Settlements Pro

Kressin Powers
Apr 13
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
Apr 6
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