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  • Article

    Southwest Airlines' December Debacle Fuels Anti-Merger Campaign Against The Industry

    Christmas 2022 was bedlam for thousands of travelers as Southwest Airlines cancelled 16,700 flights amid severe winter storms that separating passengers from their families, their luggage, and their money.
    United StatesAntitrust/Competition Law
    MoginRubin
    MoginRubin
  • Article

    FTC Chair: Tech Giants Operate Under The Radar To Buy Market Power

    Since February 2020, staff members at the Federal Trade Commission have been studying past acquisitions by Google, Amazon, Apple, Facebook, and Microsoft – several years' worth ...
    United StatesAntitrust/Competition Law
    MoginRubin
    MoginRubin
  • Article

    Ideology Or Antitrust? U.S. FTC And U.K. CMA Move To Block Microsoft / Activision Deal

    On April 26, 2023, the U.K.'s Competition and Markets Authority ("CMA") announced its decision to block Microsoft's purchase of global gaming leader, Activision, "over concerns the deal would alter the future...
    GlobalAntitrust/Competition Law
    MoginRubin
    MoginRubin
  • Article

    Commission Wants To Slam Door On "Buying Binges."

    Prior approval is once again standard practice. The Federal Trade Commission has resuscitated its long-dormant policy of routinely restricting anticompetitive mergers, putting "industry on notice"...
    United StatesCorporate/Commercial Law
    MoginRubin
    MoginRubin
  • Article

    FTC Pledges Crackdown On Anticompetitive Mergers And Acquisitions

    Prior approval is once again standard practice. The Federal Trade Commission has resuscitated its long-dormant policy of routinely restricting anticompetitive mergers, putting "industry on notice"...
    United StatesCorporate/Commercial Law
    MoginRubin
    MoginRubin
  • Article

    Suit Revived Against Monopolist That Foreclosed Market Through Threats

    The Tenth Circuit U.S. Circuit Court of Appeals has revived a 2019 antitrust lawsuit against Berkshire Hathaway's Johns Manville (JM) by rival calcium silicate producer, Chase Manufacturing...
    United StatesAntitrust/Competition Law
    MoginRubin
    MoginRubin
  • Article

    Kroger-Albertsons Merger Faces Additional Headwinds

    Roughly five months after announcing the largest merger in retail grocer history, Kroger and Albertsons are facing new opposition from twenty-six grocery customers seeking to terminate the merger...
    United StatesCorporate/Commercial Law
    MoginRubin
    MoginRubin
  • Article

    Microsoft Teams Tying Violates EU Antitrust Law, EC Says In Preliminary Finding

    The European Commission this week informed Microsoft of its preliminary finding that the company was violating EU antitrust rules by tying Teams, its workplace communication and collaboration application...
    United StatesAntitrust/Competition Law
    MoginRubin
    MoginRubin
  • Article

    Tempur Sealy Acquisition Of Mattress Firm: A Vertical Bridge Too Far For The FTC?

    In a deal announced on May 9, Tempur Sealy International, Inc., the world's largest mattress manufacturer, has agreed to acquire Houston-based Mattress Firm Group, Inc., the largest...
    United StatesCorporate/Commercial Law
    MoginRubin
    MoginRubin
  • Article

    DOJ Antitrust Division Anti-Interlocks Campaign Spurs More Board Resignations

    Two directors of Warner Bros. Discovery Inc. (WBD) have resigned from the company's board after the Antitrust Division expressed concerns that their positions on both the WBD and Charter Communications Inc.
    United StatesAntitrust/Competition Law
    MoginRubin
    MoginRubin
  • Article

    FTC Sues To Stop $8.5 Billion Luxury Brand Handbag Deal

    The Federal Trade Commission (FTC) filed an administrative complaint to block Tapestry, Inc.'s acquisition of Capri Holdings Limited, a deal valued at $8.5 billion.
    United StatesAntitrust/Competition Law
    MoginRubin
    MoginRubin
  • Article

    Proposed FTC Rule Would Ban Noncompete Clauses In Employment Contracts

    The Federal Trade Commission has proposed a rule that would ban most non-compete clauses in employment contracts, calling it "a widespread and often exploitative practice that suppresses wages...
    United StatesEmployment and HR
    MoginRubin
    MoginRubin
  • Article

    New Jersey Court: War Exclusion Does Not Bar Coverage For Cyberattack

    Companies seeking insurance coverage for losses from cyberattacks received good news this month. The New Jersey Superior Court for Union County found that Merck & Co., Inc.'s claim for coverage...
    United StatesInsurance
    MoginRubin
    MoginRubin
  • Article

    DOJ's Kanter Says There Is A New Sheriff In Merger Town

    Antitrust law enforcer promises an end to anticompetitive mergers and ineffective settlements.
    United StatesAntitrust/Competition Law
    MoginRubin
    MoginRubin
  • Article

    Market Definition For Patented Products: The Second Circuit Reinstates Regeneron v. Novartis

    The Second Circuit U.S. Court of Appeals has reinstated an antitrust complaint brought by pharma firm, Regeneron Pharmaceuticals, Inc., against the Swiss pharmaceutical...
    United StatesIntellectual Property
    MoginRubin
    MoginRubin
  • Podcast

    9th Cir. Upholds Antitrust Jury Verdict Against Chinese Telescope Company (Podcast)

    Court affirms evidentiary rulings on market definition and overcharges. Agrees evidence supported verdict for collusion and attempted monopolization.
    United StatesAntitrust/Competition Law
    MoginRubin
    MoginRubin
  • Article

    FTC Bans Non-Compete Agreements, Draws Suit From Business Groups In Texas Federal Court

    On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule to ban non-compete agreements for most workers in the United States, action the Commission says will increase...
    United StatesEmployment and HR
    MoginRubin
    MoginRubin
  • Article

    Algorithmic Price-Setting By Multiple Competitors Is A U.S. Antitrust Enforcement Priority

    For the third time in as many months, the U.S. federal antitrust enforcement authorities -- the Federal Trade Commission and the Antitrust Division of the Department of Justice...
    United StatesAntitrust/Competition Law
    MoginRubin
    MoginRubin
  • Article

    FTC's Amazon Antitrust Case: Market Definitions And Section 5 Of The FTC Act

    The Federal Trade Commission ("FTC") and 17 state attorneys general on September 26th filed their long-awaited antitrust complaint against Amazon.com in federal district court...
    United StatesAntitrust/Competition Law
    MoginRubin
    MoginRubin
  • Article

    "You're On Your Own, Kid" – Swifties' Antitrust Class Action Against Ticketmaster Sent To Arbitration

    Live music fans have been dealt another setback in their war on ticket prices. The Ninth Circuit U.S. Court of Appeals has upheld a mandatory arbitration provision between fans of pop icon...
    United StatesLitigation, Mediation & Arbitration
    MoginRubin
    MoginRubin

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