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Oct. 6, 2020
- Oct. 6, 2020
www.nytimes.com/interactive/2020/10/06/technology/house-antitrust-report-big-tech.html
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Aug 26, 2020 · The first half of 2020 was a busy time for antitrust in the United States. The Department of Justice (DOJ) and the Federal Trade Commission (FTC) implemented expedited procedures for reviewing collaborations during the COVID-19 pandemic; investigations and enforcement actions have not meaningfully slowed; and the agencies have published new ...
- Hartmut Schneider
- 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.
Oct 1, 2024 · The Trump administration, too, was skeptical of Big Tech market dominance. In 2019, it launched antitrust investigations against Apple, Amazon, Google, and Meta. When Biden was elected in 2020, his administration took an even more aggressive stance.
- Introduction
- Key Private Litigation
- Significant Government Litigation
- Looking Forward to 2021
Even as courtrooms were replaced by Zoom rooms in 2020, the last year brought a number of important developments in US antitrust litigation across a range of topics and industries. Recent developments include significant wins for life sciences defendants that will present challenges for plaintiffs at the class certification phase and for patent-rel...
In re Lamictal Direct Purchaser Antitrust Litigation
On April 22, 2020, the US Court of Appeals for the Third Circuit vacated a New Jersey district court's certification of a class of direct purchasers allegedly harmed by a so-called "pay-for-delay" agreement between GlaxoSmithKline (GSK) and Teva Pharmaceuticals (Teva). The Third Circuit found that it could not determine whether common issues predominated the direct purchasers' claim because the district court failed to conduct a rigorous analysis of the competing evidence cited in the parties...
In re Humira (Adalimumab) Antitrust Litigation
On June 8, 2020, the Northern District of Illinois dismissed without prejudice a complaint by indirect purchasers of AbbVie's autoimmune disorder biologic product, Humira.8The decision is notable in that it roundly rejected allegations that AbbVie's lawful enforcement of patent rights violated the antitrust laws, and confirmed there is no "one size fits all" requirement for settling patent litigations in different jurisdictions. The complaint alleged that AbbVie Inc. and its subsidiary, AbbVi...
Viamedia, Inc. v. Comcast Corp.
On February 24, 2020, the US Court of Appeals for the Seventh Circuit revived Viamedia's claim that Comcast used its monopoly power in interconnect services to monopolize the market for advertising representation services (ad rep services) for cable and satellite TV providers, known in the industry as MVPDs.15Interconnect and ad rep services are distinct but related services that enable MVPDs to sell advertising effectively. Interconnect service providers bundle and resell ads from multiple M...
FTC v. Qualcomm
In August 2020, the US Court of Appeals for the Ninth Circuit reversed the Federal Trade Commission (FTC)'s district court win in its suit challenging Qualcomm's licensing practices related to its standard essential patents (SEPs) for the CMDA and LTE cellular communications standards.29 In January 2017, the FTC sued Qualcomm in the Northern District of California alleging that the company had illegally maintained its monopoly and unreasonably restrained trade in markets for the sale of CDMA...
State Attorneys General's Challenge to the T-Mobile/Sprint Merger
In February 2020, a district court in the Southern District of New York denied a group of state Attorneys General's request to enjoin the proposed merger of T-Mobile and Sprint, freeing the parties to consummate their transaction.42 The Attorneys General for New York and nine other states sued to block the merger in June 2019 alleging that the deal would substantially lessen competition in the national market for retail mobile wireless telecommunications services by eliminating competition be...
United States v. Sabre
On April 7, 2020, the District of Delaware rejected DOJ's bid to block Sabre's acquisition of Farelogix, a travel technology company.49 DOJ had alleged that the Sabre/Farelogix transaction would harm competition by eliminating an innovative, disruptive competitor in the market for "booking services," or IT solutions that allow airlines to sell tickets through travel agencies to the traveling public.50 In denying DOJ's request for an injunction, the district court held that the government had...
As we move into 2021, we expect many of the trends from 2020 to continue, with a focus on the conduct of "Big Tech." Relatedly, the FTC also is facing a Supreme Court challenge to its authority to seek monetary damages in federal court, which may limit its ability to use the threat of disgorgement to deter anticompetitive conduct in the future.
Mar 20, 2023 · Antitrust laws and other elements of competition policy are being re-examined. Specifically, the House Judiciary Committee conducted hearings in 2020 in which it asked key questions about the pattern of development in U.S. markets and options for policy reform.
- hazlett@clemson.edu
Jul 31, 2021 · Perhaps most notably, the U.S. House of Representatives Antitrust Subcommittee of the Judiciary Committee released a staff report in October 2020 that recommends full-scale revisions to the U.S. antitrust laws.
Oct 6, 2020 · The House Judiciary Committee has released its conclusions on whether Amazon, Facebook, Apple, and Google are violating antitrust law.
