top of page
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
Last Week in Antitrust Litigation (#022)
Week of August 11, 2025 Top Takeaways Higher Ed Coordination Case Tests Sherman Act §1: Plaintiffs allege horizontal agreement among elite universities and shared platforms to enforce nonbinding Early Decision commitments, potentially redefining competitive constraints in admissions. Noncompete Enforcement as Monopolization Theory: CRNA market suit in Texas frames restrictive covenants as exclusionary conduct under Sherman Act §§1–2, underscoring litigation risk for healthc

Kressin Powers
Aug 17, 2025
Last Week in Antitrust Litigation (#021)
Week of August 4, 2025 Top Takeaways Coordinated Pricing in Platform Markets: Parallel class actions against AAMC and LSAC illustrate the legal vulnerability of membership-driven platforms where uniform fee structures and exclusionary practices can be framed as horizontal agreements. Merger Control in Two-Firm Innovation Markets: The FTC’s TAVR-AR device challenge emphasizes the agency’s focus on “innovation markets” and nascent competition theories, particularly where pip

Kressin Powers
Aug 10, 2025
Last Week in Antitrust Litigation (#020)
Week of July 28, 2025 Top Takeaways Vertical restraints in healthcare draw Sherman Act challenges: New filings spotlight the antitrust...

Kressin Powers
Aug 3, 2025
Last Week in Antitrust Litigation (#019)
Week of July 21, 2025 Top Takeaways Rule-of-Reason Scrutiny Expands in College Sports: In Braham v. NCAA , the court found the Five-Year Rule likely fails under the rule-of-reason framework, reinforcing the shift toward heightened antitrust scrutiny of eligibility restrictions and labor market restraints in collegiate athletics. Summary Judgment on Per Se Liability Based on Prior Admissions: Generic drug companies were found to have violated antitrust law based on prior ad

Kressin Powers
Jul 27, 2025
Last Week in Antitrust Litigation (#018)
Week of July 14, 2025 Top Takeaways Monopsony Allegations Take Center Stage in Labor Market Litigation: The Dorrell case illustrates...

Kressin Powers
Jul 20, 2025
Last Week in Antitrust Litigation (#017)
Week of July 7, 2025 Top Takeaways Expanding private enforcement trends: A wave of follow-on complaints underscores the growing strategic...

Kressin Powers
Jul 13, 2025
Last Week in Antitrust Litigation (#016)
Week of June 30, 2025 Top Takeaways AI litigation surge: OpenAI and Microsoft face explosive class action claims alleging a conspiracy to suppress licensing markets for LLM training data—expect more tech-platform antitrust suits targeting data acquisition practices. Apple can’t dodge monopoly claims: The court refused to dismiss DOJ’s monopolization case, finding Apple’s developer restrictions and market power plausible enough to proceed—signaling renewed enforcement appe

Kressin Powers
Jul 6, 2025
Last Week in Antitrust Litigation (#015)
Week of June 23, 2025 Top Takeaways Courts reaffirm the importance of antitrust standing and market definition: complaints in the steel...

Kressin Powers
Jun 29, 2025
Last Week in Antitrust Litigation (#014)
Week of June 16, 2025 Top Takeaways Exclusionary access claims spotlight platform bottlenecks: VoIP-Pal’s claims against Apple and others reflect a growing trend of antitrust scrutiny targeting OS-level restrictions on third-party access to core device functionalities. Reverse-payment litigation expands to cross-product settlements: The Teva litigation underscores evolving risk in “pay-for-delay” enforcement, especially where reciprocal generic delays are alleged to be ma

Kressin Powers
Jun 22, 2025
Last Week in Antitrust Litigation (#013)
Week of June 9, 2025 Top Takeaways Private plaintiffs challenge vertical foreclosure in digital ecosystems: The Sezzle v. Shopify...

Kressin Powers
Jun 15, 2025
bottom of page