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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 4
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 28, 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 21, 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 14, 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 7, 2025
Last Week in Antitrust Litigation (#037)
Week of November 24, 2025 Top Takeaways Antitrust Reaches the Ride-Hailing Market: The Kretschmer class action accuses Uber and taxi-app providers of forming a “ride-hailing cartel,” spotlighting growing scrutiny of algorithmic pricing and cross-platform fare alignment. Courts Refine the Boundaries of State and Private Action: The DaveAir v. City of Monroe decision highlights increasing judicial scrutiny of municipal and quasi-governmental conduct, reaffirming that state-a

Kressin Powers
Nov 30, 2025
Last Week in Antitrust Litigation (#036)
Week of November 17, 2025 Top Takeaways FTC’s Meta Defeat Reframes Platform Monopoly Theory: A federal court rejected the FTC’s core market-definition in its Meta monopolization case, finding TikTok and YouTube direct competitors—undercutting narrow “social networking” theories that have anchored recent Big Tech challenges. Healthcare and Agriculture See Renewed Private Enforcement: New monopolization and price-fixing suits targeting New Jersey hospitals and California dairy

Kressin Powers
Nov 23, 2025
Last Week in Antitrust Litigation (#035)
Week of November 10, 2025 Top Takeaways Short-Term Rentals Spark Antitrust Fight: Airbnb is suing Biloxi, claiming city rules and hotel-industry influence unfairly block new entrants—a reminder that local regulations can carry antitrust risk when driven by competitors. Courts Push Back on Weak or Late Claims: Judges dismissed cases over robotic repairs and college eligibility for being too old or speculative, signaling that plaintiffs must act quickly and show real market har

Kressin Powers
Nov 16, 2025
Last Week in Antitrust Litigation (#034)
Week of November 3, 2025 Top Takeaways Pharma Faces New Front in the GLP-1 Wars: Pfizer’s suit to block Novo Nordisk’s $6.5 billion Metsera acquisition underscores rising private-party challenges to transactions viewed as stealth mergers aimed at eliminating future drug competition. Courts Keep Pressure on Dominant Platforms: The PayPal ruling trimmed but sustained parts of merchants’ antitrust claims, while 2311 Racing v. NASCAR heads to trial on monopsony theories—reinforc

Kressin Powers
Nov 9, 2025
Last Week in Antitrust Litigation (#033)
Week of October 27, 2025 Top Takeaways Google Faces Major Preclusion Blow: The In re Google Digital Advertising MDL leveraged DOJ’s Virginia win to lock in liability findings against Google—eliminating key defenses and fast-tracking damages trials across the ad tech ecosystem. Pharma and Tech Trials Advance: Courts sent the Amitiza , Avadel/Jazz , and Celonis/SAP monopolization cases toward trial, underscoring judicial willingness to test exclusionary conduct theories acros

Kressin Powers
Nov 2, 2025
Last Week in Antitrust Litigation (#032)
Week of October 20, 2025 Top Takeaways Platform Power and Exclusion in the Crosshairs: New suits against HostGPO and Rippa spotlight growing antitrust exposure for companies using distribution controls, exclusivity clauses, or retaliatory tactics to police resale pricing or supplier access. Private Enforcement Extends Across Industries: The latest filings—from heavy equipment to hospitality—show that plaintiffs are testing traditional monopolization and boycott theories in b

Kressin Powers
Oct 26, 2025
Last Week in Antitrust Litigation (#031)
Week of October 13, 2025 Top Takeaways AI Competition in the Crosshairs: Microsoft and OpenAI’s relationship is under fire, with plaintiffs claiming their exclusive compute deal kept ChatGPT prices high—part of a broader trend of antitrust focus on AI platforms. Financial Institutions Under Pressure: A new class action accuses leading banks of coordinating prime lending rates for decades, a reminder that even long-standing industry benchmarks can invite antitrust risk. Mixed

Kressin Powers
Oct 19, 2025
Last Week in Antitrust Litigation (#030)
Week of October 6, 2025 Top Takeaways Expanding Enforcement in Labor Markets: The Herzog and Paradise Tails filings exemplify continued Section 1 and state-law focus on wage-fixing and no-poach conduct—aligning with the DOJ’s post-2023 labor antitrust policy framework. Information Exchange as Coordinated Conduct: Mendez v. Optimal Blue reflects renewed scrutiny of algorithmic and platform-facilitated data sharing, echoing recent enforcement theories treating analytics hubs a

Kressin Powers
Oct 12, 2025
Last Week in Antitrust Litigation (#029)
Week of September 29, 2025 Top Takeaways Big Names Under Fire: Meta, Zillow, and Aptar were hit with new lawsuits over alleged monopolistic tactics—showing that dominant tech and healthcare players remain squarely in the enforcement spotlight. Judges Are Demanding More Proof: Recent dismissals in cases from LIBOR to eyewear demonstrate that courts expect concrete facts, not just theories—raising litigation risk for poorly supported claims. Healthcare Stays a Hot Zone: Fro

Kressin Powers
Oct 5, 2025
Last Week in Antitrust Litigation (#028)
Week of September 22, 2025 Top Takeaways Big Pharma Under Fire: Bausch faces a new reverse-payment class action—highlighting continued risk for branded drugmakers using settlements to delay generics. Illumina Targeted Again: Element Biosciences’ suit underscores heightened antitrust scrutiny of life sciences incumbents leveraging pricing and exclusivity to block rivals. NCAA Rule Struck Down: A federal court enjoined the “Five-Year Rule,” reinforcing that labor-market restrai

Kressin Powers
Sep 28, 2025
Last Week in Antitrust Litigation (#027)
Week of September 15, 2025 Top Takeaways Google faces escalating litigation risk : Major publishers have launched new monopolization suits, signaling continuing scrutiny of Google’s AI and ad tech practices. Courts tightening aftermarket and tying claims: Recent dismissals underscore the high bar for alleging aftermarket lock-in and tying without concrete market power and competition evidence. Exclusive dealing under fire: Teva’s win on key monopolization claims shows courts

Kressin Powers
Sep 21, 2025
Last Week in Antitrust Litigation (#026)
Week of September 8, 2025 Top Takeaways Hospital Contracting and Certification Under Scrutiny: New cases against The New York and Presbyterian hospital and the Automotive Lift Institute highlight mounting challenges to exclusionary contracting and “pay-to-play” certification schemes across healthcare and industrial sectors. Courts Reinforce Pleading and Standing Discipline: Dismissals in Bootler , 618Media , and Sports Rehab confirm that speculative harm, lack of competito

Kressin Powers
Sep 14, 2025
Last Week in Antitrust Litigation (#025)
Week of September 2, 2025 Top Takeaways Behavioral Remedies in Big Tech: The Google remedy order eschews structural breakups in favor of conduct-based relief, reinforcing D.C. Circuit precedent and signaling courts’ caution in fast-moving tech markets. Expansion of Private Enforcement: New complaints—ranging from Fox’s alleged carriage restrictions to NCAA eligibility rules—illustrate plaintiffs’ reliance on established precedent to extend antitrust theories into adjacent

Kressin Powers
Sep 7, 2025
Last Week in Antitrust Litigation (#024)
Week of August 25, 2025 Top Takeaways Expanding AI–platform litigation: The X v. Apple/OpenAI complaint raises novel issues at the intersection of app-store control, data access, and exclusionary AI integration—indicating heightened exposure for digital platform operators. Labor-market restraints in focus: The Enhanced Games litigation extends antitrust scrutiny to sports federations’ eligibility rules, reflecting a broader trend of challenges to concerted restrictions on

Kressin Powers
Aug 31, 2025
Last Week in Antitrust Litigation (#023)
Week of August 18, 2025 Top Takeaways Section 1 and 2 claims proliferate: Recent filings highlight refusal-to-deal, tying, and coordinated pricing theories—reinforcing that both monopolization and horizontal restraints remain active enforcement fronts. Diverging antitrust treatment of eligibility rules: The Fifth and Ninth Circuits continue to characterize eligibility rules as noncommercial, while the Northern District of West Virginia found them commercial in the NIL era—d

Kressin Powers
Aug 24, 2025
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