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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
Last Week in Antitrust Litigation (#012)
Week of June 2, 2025 Top Takeaways Expanding labor-market antitrust litigation now targets the high school athletic ecosystem. Calhoun v....

Kressin Powers
Jun 8, 2025
Last Week in Antitrust Litigation (#011)
Week of May 26, 2025 Top Takeaways New Monopoly Lawsuit Against Apple Raises App Store Pressure: A group of developers has sued Apple...

Kressin Powers
Jun 1, 2025
Last Week in Antitrust Litigation (#010)
Week of May 19, 2025 Top Takeaways 1. Tying and Bundling Under Fire: Three new lawsuits target dominant firms—Comscore, Cisco, and...

Kressin Powers
May 25, 2025
Last Week in Antitrust Litigation (#009)
Week of May 12, 2025 Top Takeaways Strategic Collusion Allegations in Dialysis Sector: Plaintiffs allege DaVita and Fresenius engaged in...

Kressin Powers
May 18, 2025
Last Week in Antitrust Litigation (#008)
Week of May 5, 2025 Top Takeaways Judicial Attention to Class Communications: Courts are willing to grant tailored Rule 23(d) relief...

Kressin Powers
May 11, 2025
Last Week in Antitrust Litigation (#007)
Week of April 28, 2025 Top Takeaways Healthcare pricing practices under fire: State AGs are targeting PBMs and digital health platforms,...

Kressin Powers
May 4, 2025
Last Week in Antitrust Litigation (#006)
Week of April 21, 2025 Top Takeaways Software Providers Face New Legal Risks Post-Acquisition: A food labeling SaaS firm is accused of abusing market power after a private equity buyout—an important reminder to assess antitrust exposure when raising prices or limiting data access. Litigation Trend: More Antitrust Lawsuits Across Key Sectors: Recent filings show growing legal pressure in healthcare, energy, and real estate tech—especially where competitors coordinate pricing o

Kressin Powers
Apr 27, 2025
Last Week in Antitrust Litigation (#005)
Week of April 14, 2025 Top Takeaways Drug Prices Under Fire: A new lawsuit says Alexion kept generic competitors out by abusing the...

Kressin Powers
Apr 20, 2025
Last Week in Antitrust Litigation (#004)
Week of April 7, 2025 Top Takeaways Section 2 Enforcement Evolves: New filings ( Sandoz v. Amgen ; Tommy’s Towing ) reflect a broader use of monopolization claims, targeting conduct across licensing, government procurement, and local services — signaling a strategic shift plaintiffs’ counsel are exploiting. Heightened Judicial Scrutiny on Market Definition and Antitrust Injury: Dismissals in Celgene and United Healthcare cases illustrate courts' insistence on rigorous mark

Kressin Powers
Apr 13, 2025
Last Week in Antitrust Litigation (#003)
Week of March 31, 2025 Top Takeaways Data Platforms Under Fire for Facilitating Collusion: Antitrust suits allege companies used real-time pricing and occupancy data tools to align pricing and suppress competition—marking a sharp warning for tech-enabled coordination. Employers Accused of Rigging Labor Markets: Wage-fixing and no-poach allegations in healthcare internships highlight growing risks for organizations that centralize hiring or share sensitive compensation data. C

Kressin Powers
Apr 6, 2025
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