The twists and turns of the various antitrust challenges to the proposed Illumina/Grail merger have provided antitrust practitioners numerous lessons the last two years.

This blog has discussed dynamic competition several times recently, such as here and here. Very roughly, the idea is that innovation is the big driver of wealth creation and happens in a longer, more complex way...

You may recall Liv, age 8—the new kid. Last we heard, Liv was getting pushed around by Paul, Greg and Adam ("PGA" for short) because she dared to build a mini-golf course...

There is no guaranteed safety zone for exchanging competitively sensitive information amongst competitors. Practices once deemed relatively safe—like subscribing to a third-party data services provider...

Yes, sometimes "tying" violates the antitrust laws. Whether you arrive at the tying-arrangement issue from the perspective of the person

A federal court in the Eastern District of New York allowed Phhhoto's monopoly maintenance claim against Meta to proceed into discovery, establishing a nascent competitor framework that survived a motion to dismiss.

The Short Answer: Negative tying is where a seller conditions the sale of one product (the Tying Product) on the buyer agreeing

For adults, it's the worst idea imaginable for a holiday, but for second graders, Valentine's Day is great—decorating mailboxes, making paper cards...

On December 15, 2023, the Fifth Circuit remanded to the FTC its order requiring Illumina to divest its re-acquired subsidiary, Grail.

In yet another important labor-monopsony case, a federal court in Nevada has declared a win for MMA athletes fighting against their promoter's...

Companies that operate on different levels of the supply or distribution chain are vertical to one other. For example, a parts supplier and manufacturer. A manufacturer and a distributor.

Over the past several decades State Attorneys General have become increasingly involved in merger reviews in tandem with the Federal Trade Commission and/or the U.S. Department of Justice's...

Recent proceedings involving Apple Inc.—including the U.S. Department of Justice case and Epic Games v. Apple—together with developments in AI markets, suggest an evolving framework...

NBA action is FAN-TASTIC! Unless, of course, the action is one brought by the Department of Justice in a different kind of court. But that may be exactly where the NBA finds itself...

On March 19, 2026, the Fifth Circuit denied the FTC’s motion to stay a lower court’s February decision vacating the new HSR form and rules.

The DOJ describes bid rigging as an agreement among competitors as to who will submit the most competitive bid and who won't, i.e., who should win

The Short Answer: Yes. A class action is a procedural device that allows groups of similarly situated plaintiffs to sue together for efficiency reasons.

The Department of Justice recently announced that Bayer CropScience voluntarily removed potentially anticompetitive provisions from its Premier Performance Program during an ongoing investigation. The program's tying arrangements and exclusivity incentives raised concerns about foreclosing competition in seed markets, highlighting critical antitrust risks that companies with loyalty programs should evaluate before facing enforcement scrutiny.

As we explained in a prior post, the new draft merger Guidelines issued recently by the FTC and DOJ cite to several older court opinions that might not be familiar to antitrust practitioners...

In May of 2023, Minnesota enacted a new law that broadly bans employee non-compete agreements with few exceptions and also limits the use of forum-selection and choice-of-law clauses in employment agreements.