Inside Competition

Key takeaways

• Litigation Updates - Agri Stats agrees to stop or substantially reform benchmarking reports as part of proposed settlements in chicken, turkey, and pork price-fixing litigation. Hotel guests petition US Supreme Court to review Ninth Circuit's dismissal of algorithmic pricing antitrust claims. Court dismisses antitrust complaint against Google on standing, monopoly power, and tying grounds.
• Criminal enforcement - New DOJ antitrust leader signals individual prosecutions and meaningful sentences are cornerstones of effective antitrust deterrence. DOJ probing fertilizer market for potential price fixing. Storage sales company owner pleads guilty to bid rigging for US Air Force healthcare projects.
• Civil enforcement - DOJ settles Live Nation–Ticketmaster antitrust case mid-trial. FTC stops proposed merger of leading cataract surgery device makers. FTC Chairman Ferguson launches Healthcare Task Force.
• Merger Oversight - Nexstar–Tegna merger cleared by federal regulators, immediately challenged in court.
• International - UK enforcement authorities signal focus on algorithmic collusion. CJEU to rule on whether related asset swaps must be treated as a single concentration under the EU Merger Resolution.

   

Key takeaways

• Litigation Updates – Courts continue to closely scrutinize circumstantial evidence and information sharing theories in price fixing cases, with DOJ support for plaintiffs in benchmarking based conspiracy claims, while simultaneously limiting class actions where individualized proof defeats common injury, as seen in the Robinson Patman snack pricing case.
• Criminal Enforcement – No major new criminal antitrust prosecutions were highlighted this month, but DOJ’s public alignment with private plaintiffs in price fixing litigation underscores sustained enforcement pressure around information exchange and coordinated pricing.
• Regulatory Actions – Regulators and courts remain focused on information exchanges and benchmarking tools as potential facilitators of anticompetitive conduct, reinforcing compliance risks around data sharing, pricing communications, and margin signaling.
• Merger Oversight – The March issue did not feature significant merger enforcement actions, suggesting a temporary lull in headline merger challenges, though continued scrutiny of market concentration and coordinated conduct remains implicit in enforcement priorities.
• State-Level Scrutiny – State law claims (including Robinson Patman and unfair competition statutes) remain an active complement to federal antitrust theories, highlighting the need to assess state specific exposure alongside federal risk.

Key takeaways

• Litigation Updates – Antitrust challenges continue to push into state regulatory frameworks and sports governance, with courts recognizing restraints of trade even where damages are nominal, underscoring litigation risk despite limited monetary exposure.
• Criminal Enforcement – While February featured fewer new criminal cases, the continued focus on per se theories (price fixing, boycotts, market allocation) reflects enforcement readiness where conduct crosses the criminal threshold.
• Regulatory Actions – Professional licensing and collaboration requirements are increasingly being framed as anticompetitive restraints, signaling risk for regulatory bodies and industries relying on restrictive practice models.
• Merger Oversight – No major merger developments were highlighted this month, but ongoing litigation signals that structural market control—rather than transaction size alone—remains central to antitrust evaluation.
• State-Level Scrutiny – States and territorial regulators remain active antitrust battlegrounds, with state laws and exemptions (including baseball’s antitrust exemption) facing renewed judicial and policy challenges.

Key takeaways

• Litigation Updates – DOJ signaling that trade association rules, accreditation standards, and coordinated practices remain prime antitrust targets, even where courts dismiss specific claims.
• Criminal Enforcement – Criminal antitrust risk is rising as DOJ intensifies procurement enforcement and states (notably California) move to revive criminal antitrust prosecutions.
• Regulatory Actions – FTC is prioritizing pricing transparency and consumer deception, while closely scrutinizing AI enabled pricing and review practices.
• Merger Oversight – DOJ continues to demand significant structural remedies, particularly in healthcare, reinforcing that merger settlements will remain costly and operationally disruptive.
• State-Level Scrutiny – States are asserting greater independent antitrust authority, increasing the likelihood of parallel and multi state enforcement actions.

Key Takeaways

• Litigation Updates – Egg purchasers filed coordinated class actions alleging benchmark pricing manipulation and improper information exchange, while courts continue to examine antitrust implications in agricultural markets.
• Criminal Enforcement – The DOJ achieved its first wage‑fixing trial conviction, reinforcing its commitment to criminal antitrust enforcement in labor markets.
• Regulatory Actions – RealPage’s constitutional challenge to New York’s rent‑regulation law underscores growing tension between housing policy and competition concerns.
• Merger Oversight – The court allowed GTCR’s acquisition of Surmodics to proceed, ruling the FTC’s market definition flawed and finding that proposed divestitures resolved competitive concerns, leading the FTC to drop its challenge.
• State-Level Scrutiny – State enforcement remains active, with New York’s rent law litigation and broader attorney general initiatives signaling continued focus on market practices at the state level.

Key takeaways

• Litigation Updates – Courts are scrutinizing alleged price-fixing and monopolization schemes, with recent rulings allowing claims against mortgage lenders and sugar producers while adopting DOJ findings against Google’s ad tech practices.
• Criminal Enforcement – The DOJ secured the nation’s first wage-fixing conviction and California significantly increased Cartwright Act penalties to deter antitrust violations.
• Regulatory Actions – State attorneys general are targeting coordinated recycling practices and alleged non-compete agreements, while the FTC faces limits on its investigative authority.
• Merger Oversight – A US Chamber of Commerce survey reports that the new HSR filing requirements substantially increase time and costs without improving review efficiency.
• State-Level Scrutiny – California and New York enacted laws banning the use of pricing algorithms in ways that facilitate collusion, signaling heightened legislative focus on algorithm-driven antitrust risks.

Key takeaways

• Litigation Updates – Courts dismissed antitrust claims involving Hermès Birkin bags, private university pricing, and hotel benchmarking data.
• Criminal Enforcement – Wage-fixing and price-fixing prosecutions continue, with new DOJ leniency rules and whistleblower incentives.
• Regulatory Actions – FTC targets noncompete agreements and deceptive practices in sectors like healthcare, pet cremation, and ticketing.
• Merger Oversight – FTC/DOJ report steady Second Request activity and a rise in billion-dollar deal filings.
• State-Level Scrutiny – Connecticut AG investigates WNBA franchise sale; Google faces mandated data-sharing remedies.

Key takeaways

• Litigation Updates – Courts are actively addressing antitrust claims, with rulings on price-fixing allegations and monopolization cases shaping litigation strategies.
• Criminal Enforcement – The DOJ continues to prioritize labor-market antitrust enforcement, securing convictions and pushing for tougher penalties.
• Regulatory Actions – State attorneys general are challenging agreements and practices that allegedly restrict competition, including partnerships and industry standards.
• Merger Oversight – New Hart–Scott–Rodino filing requirements significantly increase preparation time and costs without improving review efficiency.
• State-Level Scrutiny – California and New York passed laws banning pricing algorithms that facilitate collusion, signaling growing legislative scrutiny of algorithm-driven practices.

Key takeaways

• Litigation Updates – New archery price-fixing suit filed; hotel pricing conspiracy dismissed; Live Nation case narrowed to primary ticketing; NCAA tennis players granted class certification.
• Criminal Enforcement – DOJ launches Whistleblower Rewards Program offering up to 30% of fines for reporting antitrust violations affecting USPS.
• Regulatory Actions – FTC settles with NextMed over deceptive pricing and fake reviews; “click-to-cancel” rule vacated; noncompete rule appeal paused.
• Merger Oversight – DOJ drops challenge to AmexGBT–CWT merger, clearing path for consolidation in corporate travel services.
• International Developments – Mexico replaces COFECE with new National Antitrust Commission, expanding enforcement powers and lowering merger thresholds.