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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 17, 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 10, 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 3, 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


Kressin Powers Adds Former DOJ Honors Selectees and Federal Clerk to Its Ranks
Claire Black, Michael Swerdlow, and Benjy Apelbaum join Kressin Powers WASHINGTON, D.C. – Kressin Powers LLC is proud to announce the...

Kressin Powers
Sep 17, 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
Kressin Powers Secures Dismissal with Prejudice of Putative Class Action
On September 12, 2025, Judge Gallagher of the Eastern District of Pennsylvania granted the Hillrom defendants’ motion to dismiss a...

Kressin Powers
Sep 12, 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
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