For most of its 136-year history, Section 2 of the Sherman Antitrust Act was more of a threat than a weapon. The provision — which prohibits the willful acquisition or maintenance of monopoly power through anticompetitive conduct — carried demanding proof requirements, required expensive and expansive discovery, and produced so few trial victories that enforcers rarely tested it. When they did, they usually lost. That calculus may be shifting.
The publicly-traded company that owns LoopNet.com and controls 80% of the U.S. commercial real estate listing and information services markets has been hit with two separate antitrust class actions seeking treble damages and permanent injunctive relief.
The Department of Justice’s Antitrust Division has moved at warp speed to deploy its first-ever whistleblower rewards program, marking a significant evolution in the division’s longstanding efforts to detect and prosecute criminal cartel conduct.
While antitrust law around algorithmic pricing is still developing, these decisions and settlements offer some key lessons and suggested guideposts for assessing the risks associated with the sale or use of algorithmic pricing software. Key takeaways follow.
The U.S. Department of Justice’s ability to zealously enforce federal antitrust law has deteriorated in the aftermath of several top departures at the DOJ’s Antitrust Division, according to legal observers.
A small sports memorabilia business in Ohio filed a sweeping federal antitrust lawsuit alleging that TikTok, the National Football League (NFL) and sports retail giant Fanatics conspired to monopolize the multibillion-dollar sports collectibles market and systematically eliminate independent sellers.
The U.S. Court of Appeals for the Ninth Circuit on June 23 revived a competitor’s antitrust counterclaims against rival real estate data provider CoStar Group Inc.
With tech giants’ influence on the White House on the rise, the likelihood of U.S. retaliation in response to enforcement of both longstanding EU antitrust rules and newer digital regulations has grown. At the same time, the EU’s own stated desire to cut red tape has raised existential questions about the future of the EU as a global regulatory superpower whose laws are emulated by nations and adhered to by companies around the world.
Dealmakers and business leaders should not expect Donald Trump during his second presidential administration to retreat from aggressive antitrust enforcement, but they may see relief from some of the Biden administration enforcement tactics they found especially aggravating.
More law firms are betting on growing their sports practices amid recent changes in amateur and professional sports, finding it hard to ignore the multi-practice work that teams and leagues can bring to lawyers.
