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Oct. 6, 2020
- The House Antitrust Report on Big Tech Oct. 6, 2020
www.business.rutgers.edu/sites/default/files/documents/ricsi/quasi-october-2020-house-antitrust-report-big-tech.pdfThe House Antitrust Report on Big Tech - Rutgers Business School
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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
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...
Wilson Sonsini Goodrich & Rosati is pleased to present its 2020 Antitrust Year in Review, which summarizes the most significant antitrust matters and developments of the past year. Antitrust activity has not slowed down during the COVID-19 pandemic and may in fact have accelerated.
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United States v. Google LLC is an ongoing federal antitrust case brought by the United States Department of Justice (DOJ) against Google LLC on October 20, 2020. The suit alleges that Google has violated the Sherman Antitrust Act of 1890 by illegally monopolizing the search engine and search advertising markets, most notably on Android devices ...
- 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.
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.
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.
