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With some revisions, these are the three core federal antitrust laws still in effect today. The antitrust laws proscribe unlawful mergers and business practices in general terms, leaving courts to decide which ones are illegal based on the facts of each case.
- Sports Cases Continue to Generate Significant Attention
- Pharmaceutical Patent Settlement Cases proceed Past Summary Judgment
- Antitrust Remedies Clarified
- Procedural Standards Clarified
NCAA v. Alston. On June 21, 2021, the Supreme Court unanimously held that the NCAA’s cap on educational benefits to athletes (e.g., funds for school supplies and postgraduate scholarships) violated Section 1 of the Sherman Act.16In so doing the Court upheld in its entirety a detailed injunction entered by Judge Claudia Wilken of the District Court ...
Multiple litigations alleging the parties entered into unlawful reverse patent settlements (so-called “pay-for-delay” cases) survived summary judgment in 2021. In In re Glumetza Antitrust Litigation,33a court in the Northern District of California rejected defendants’ motion for summary judgment, which was premised in large part on unrebutted evide...
FTC Remedies. In April 2021, the Supreme Court held, in AMG Capital Management LLC, et al v. Federal Trade Commission, that “Section 13(b) of the Federal Trade Commission Act does not authorize the commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement.”37 In many cases, the FTC proceeds through its a...
2021 saw important developments in class certification jurisprudence as well. 1. In April 2021, the Ninth Circuit vacated class certification in Olean Wholesale Grocery Cooperative v. Bumble Bee Foods, holding that, under Rule 23(b)(3)’s predominance requirement, a district court must find that the proposed class contains no more than a “de minimis...
Aug 3, 2021 · The United States Supreme Court decided two antitrust cases for October Term 2020. The first case, AMG Capital Management v. Federal Trade Commission , unanimously held that the Federal Trade Commission (FTC) is not authorized to demand monetary relief for the purpose of obtaining restitution under section 13(b) of the Federal Trade Commission Act.
- American Innovation and Choice Online Act (S.2992) / American Choice and Innovation Online Act (H.R.3816) The American Innovation and Choice Online Act addresses self-preferencing, a core concern raised by the House Antitrust Subcommittee investigation.
- Ending Platform Monopolies Act (H.R.3825) Like the American Innovation and Online Choice Act, the Ending Platform Monopolies Act attempts to address any unfair competitive advantages that may arise when the same company both controls access to a marketplace and simultaneously competes in it.
- Platform Competition and Opportunity Act (H.R.3826/S.3197) Mergers and acquisitions (M&A) have become increasingly frequent in the United States over the past four decades—a trend that has generally occurred in parallel with higher market consolidation, especially within industries most impacted by network effects and economies of scale.
- Augmenting Compatibility and Competition by Enabling Service Switching (ACCESS) Act (H.R.3849) In many digital markets, large companies benefit from network effects, wherein a platform becomes more powerful as the number of individuals who use it rises.
Jun 15, 2023 · Over the past year, the Antitrust Division supported a number of legislative changes to strengthen the antitrust laws. A major legislative priority was the reauthorization of the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA).
The FTC's competition mission is to enforce the rules of the competitive marketplace — the antitrust laws. These laws promote vigorous competition and protect consumers from anticompetitive mergers and business practices.
Jul 9, 2021 · (a) The antitrust laws, including the Sherman Act, the Clayton Act, and the Federal Trade Commission Act (Public Law 63-203, 38 Stat. 717, 15 U.S.C. 41 et seq.), are a first line of defense ...
