The MoginRubin blog offers informative analysis and insightful commentary on timely issues related to competition and antitrust actions, mergers, acquisitions and associated regulatory and legislative activity.
Healthcare insurance companies, like other insurers, have enjoyed an exemption from U.S. antitrust laws since March 1945 when President Roosevelt ...
In its 56-page Feb. 13 report, the GAO listed three issues that should be considered: Which agency or agencies should oversee Internet privacy. What ...
On October 7, 2020, the European Commission accepted commitments offered by Broadcom Inc., ending its investigation into the chipmaker. Although a ...
Dan Mogin, Timothy LaComb, Steven Benzand Jayme Weber
November 11, 2020Suit says company improperly uses market power to achieve exclusivity. The U.S. Department of Justice and 11 states have sued Google LLC in federal ...
By Jonathan Rubin The case involves questions "on the frontier edges" of U.S. antitrust law, according to the judge overseeing it. It is a legal ...
At a conference earlier this year on the Committee on Foreign Investment in the United States, or CFIUS, Assistant Treasury Secretary Thomas P. Feddo ...
Dan Mogin, Jonathan Rubin, Jennifer M. Oliver, and Timothy Z. LaComb
October 15, 2020Why and how your organization's purchasing, legal, and finance professionals can form a formidable defense against profit-killing price-fixing, ...
'Apple wanted us out of the App Store.' In January 2018 Apple investors complained publicly about the lack of parental controls on their popular ...
At the end of the beloved 1939 film The Wizard of Oz, Dorothy famously says to her Auntie Em, "There's no place like home!" It's one of the best ...
Altria must show it was failing in the e-cig business for deal to survive. Altria Group, Inc. and JUUL Labs, Inc. fired back at the FTC’s April ...
While rare, this use of CFIUS powers may be a harbinger. Making good on his threats and citing national security risks, President Donald J. Trump ...
When should 'marketplace platforms' be treated as markets controlled by operators? It poses a new brand of antitrust problem: private parties ...
The Antitrust Division of the U.S. Department of Justice is taking a close look at the announced $7.1 billion acquisition of market disruptor Credit ...
The sky is not falling. Opinion limited to 'at will' contracts. When a third party craters a contract, you and the other contracting party almost ...
The CEOs of Amazon, Apple, Facebook, and Google are scheduled to appear before the U.S. House of Representatives’ Judiciary Antitrust Subcommittee on ...
One of U.S. Attorney General Bill Barr's team has come to his defense against allegations that he has mismanaged the Department of Justice. Assistant ...
California Attorney General Xavier Becerra says the COVID-19 virus has “shone a light” on the impact consolidation in the healthcare market has had ...
On May 5, 2020, U.S. Judge Nina Gershon of New York granted certification to a class of end-payor plaintiffs (EPPs) who purchased the successful ...
The National Collegiate Athletic Association’s rules limiting education-related benefits for student-athletes are impermissible restraints on trade ...
On Feb. 24, 2020, the Seventh Circuit U.S. Court of Appeals revived refusal-to-deal and tying claims brought against Comcast Corp. by Viamedia Inc. ...
Jonathan Rubin, Timothy Z. LaComb
June 16, 2020When researching the state of play between antitrust enforcers and Google, where does one start? Ah yes, Google “Google antitrust.” (Yes, the ...
Driven by competitive pressure and pandemic-related losses, Uber Technologies Inc. has expressed its intention to acquire competitor Grubhub Inc. to ...
[Editor's Note: An earlier version of this post inaccurately described the work of the Federal Trade Commission. The authors wish to thank Bruce ...
Jonathan Rubin, Timothy Z. LaComb
May 19, 2020Antitrust law doesn't take a back seat to bankruptcy. While bankruptcy is no one's idea of a dream, the beauty of the U.S. Bankruptcy Code is that it ...
Live Nation Threatens Anyone Who Doesn’t Play Along, Plaintiffs Allege Concert-goers tired of paying “supracompetitive fees” on ticket purchases from ...
In an interview with Politico’s Leah Nylen and Betsy Woodruff Swan, Rep. David Cicilline (D-R.I.) explained that he wants the next coronavirus relief ...
Insurance coverage works when risk is spread across a large number of policyholders. But for the insurance market to function properly losses must be ...
Living by the adage “if you can’t beat them, join them,” tobacco giant Altria Group, Inc. acquired a 35% stake in e-cigarette market leader Juul ...
Reuters has reported that Gray Television Inc. has withdrawn its $8.5 billion offer to buy Tegna Inc. due to the potential impact of the COVID-19 ...
On March 10, 2020, the U.K.’s Competition and Markets Authority gave Cengage and McGraw-Hill an ultimatum – provide remedies that cure the ...
STANLEY SPORKIN (1932-2020) A personal note from Dan Mogin I read today that Stanley Sporkin recently passed away. The American legal community has ...
On March 10th, the U.K. Competition and Markets Authority (CMA) gave Cengage Learning and McGraw-Hill an ultimatum: address competition concerns or ...
Timothy Z. LaComb, Jennifer M. Oliver
March 24, 2020For believers in free markets it is important that they operate free of “shenanigans,” Food & Drug Administration (FDA) Commissioner Stephen Hahn ...
Live Nation Entertainment, Inc., owner of some of the world’s biggest music venues, events and festivals, is currently operating under what the ...
Big Tech mergers make big headlines, but there is much more to a deal than how much money changes hands. More important questions need to be ...
The Federal Trade Commission (FTC) announced on Jan. 28, 2020, that the “size-of transaction threshold” for reporting proposed mergers and ...
“If that procedure sounds unfair, that’s because it is.” That’s how Axon Enterprise, Inc. describes the inner workings of the Federal Trade ...
Jonathan Rubin, Jennifer M. Oliver
January 13, 2020Copy equipment giant HP Inc. turned down the much smaller Xerox Holdings Corp.’s acquisition overtures twice in one week as the exchange of ...
DNA sequencing giant Illumina, Inc.’s proposed $1.2 billion acquisition of Pacific Biosciences of California Inc. has drawn opposition in the U.K. ...
Moderator & Speaker: Daniel J. Mogin | Managing Partner, MoginRubin LLP Speakers: Jennifer M. Oliver, CIPP/US | Partner, MoginRubin LLP Thomas N. ...
Now it’s the direct purchasers of one of the nation’s most delicious and protein-rich commodities -- beef. The purchasers claim in a new class action ...
California Governor Gavin Newsom has signed several amendments to the California Consumer Privacy Act of 2018. Issues range from the timing of ...
California Gov. Gavin Newsom has signed AB 824, known as the “Pay-for-Delay" bill, blocking pharmaceutical companies from paying generic drug makers ...
Jennifer M. Oliver, Timothy Z. LaComb
October 17, 2019The government has sued to block Novelis Inc.’s proposed acquisition of Aleris Corp., each makers of an essential lightweight product for the ...
Several amendments to the California Consumer Privacy Act of 2018 are headed to Gov. Gavin Newsom’s desk. Issues range from the timing of employer ...
September 30, 2019, was a big day for college athletics. Alongside Lakers’ star LeBron James (who ironically skipped college), California Governor ...
Timothy Z. LaComb, Jennifer M. Oliver
October 05, 2019Even in the year 2019, $5 billion is a lot of cash. The Federal Trade Commission’s penalty against Facebook in that amount for enabling Cambridge ...
The world’s leading talent agencies claim the two Writers Guild of America (WGA) unions violated antitrust laws by executing what they call an ...
Assistant Attorney General Makan Delrahim announced on July 11, 2019, the Antitrust Division’s new policy for incentivizing antitrust compliance, ...
Commercial U.S. buyers of Farmed Atlantic Salmon have sued many of the leaders of what they maintain is a global cartel that has colluded to fix and ...
Five companies filed separate lawsuits earlier this year in the Western District of New York against the nation’s leading manufacturers of caustic ...
The committee has been playing a bigger role on the global M&A stage, figuring prominently in the U.S.-China trade war and putting the breaks on ...
The Supreme Court held today that iPhone users are “direct purchasers” of apps from Apple’s wildly popular multi-billion-dollar App Store and have ...
In an Initial Decision announced May 7, Chief Administrative Law Judge D. Michael Chappell upheld a Federal Trade Commission complaint challenging ...
The German competition regulatory authority has decided to bar Facebook from combining user data with data it scrapes from non-Facebook sources -- a ...
Bipartisan legislation to improve the cybersecurity of Internet-connected devices was introduced March 11 in both the Senate and the House of ...
Democrats and Republicans in both chambers of Congress have come out against drug industry practices such as paying generic drug companies to delay ...
“Today’s big tech companies have too much power — too much power over our economy, our society, and our democracy. They’ve bulldozed competition, ...
In a move that could redefine how 2.6 billion people use Facebook Messenger and Facebook’s acquired WhatsApp and Instagram apps, The New York Times ...
The Federal Trade Commission’s Bureau of Competition has set its sights on the U.S. technology sector. On Feb. 28 it launched a task force that will ...
Half of all merger and acquisition deals are subjected to post-closing price adjustment claims. Traditionally, these disputes were resolved through ...
Jennifer M. Oliver, Counsel, MoginRubin
February 28, 2019Trial started this week in Delaware Chancery Court in a colossal dispute that followed the thunderous collapse of what would have been a $48.9 ...
"Let’s face it: getting out the door can be hectic sometimes." That's one of the problems Google Assistant is supposed to address. But when ...
Subjects like immigration, health care, criminal justice reform, taxes, international trade, and Russia dominate political news coverage. But one new ...
Antitrust concerns by regulators led to the demise of 29 mergers around the globe in 2018, which was a record year for the number of merger ...
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