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MoginRubin Antitrust Notes July 6, 2021

A quick recap of recent antitrust-related developments in semiconductors, real estate, college sports, insurance brokerage, digital advertising, ...

July 06, 2021

Biometric Privacy Protection Bill Introduced in New York

A biometric information privacy protection bill introduced in the New York Assembly this month is pending in that body’s Consumer Affairs and ...

January 22, 2021

FTC v. Facebook: Can U.S. Antitrust Law Adjust to the Internet Age

This is especially true in antitrust, where industries and markets undergo constant change brought about by innovation and changing consumer ...


Anticipated U.S. Antitrust Suit Against Facebook Delayed by Changing Administrations

Facebook’s acquisitions of one-time rivals Instagram in 2012 and WhatsApp in 2014 drew a great deal of criticism from pro-competition experts. And ...

December 04, 2020

Consumer Credit Card Information Stolen from Dickey's BBQ

News of a data breach at Dickey’s Barbeque broke in October 2020, revealing that the payment card information of three million customers’ had been ...

December 02, 2020

Sensitive Consumer Information Stolen in Minted Data Breach

In late May 2020 by online stationery and crafts company Minted disclosed that it had suffered a breach that compromised millions of consumers’ ...

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GAO: U.S. Needs Internet Personal Data Privacy Protections for Consumers

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 ...

December 01, 2020
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Apple Allowed to Continue to Ban Epic's Fortnite From Store, But May Not Retaliate Against Epic Affiliates

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 ...

October 19, 2020
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Emboldened by New Resources and Expanded Authority, Feds Continue 10-Year Look Back at Chinese Investment  

At a conference earlier this year on the Committee on Foreign Investment in the United States, or CFIUS, Assistant Treasury Secretary Thomas P. Feddo ...

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App Developer Chronicles His Saga With Apple's 'Anti-Competitive' App Store

'Apple wanted us out of the App Store.' In January 2018 Apple investors complained publicly about the lack of parental controls on their popular ...

September 15, 2020
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POTUS Uses CFIUS to Unwind TikTok Deal, Fears Chinese Government Will Get Americans' Private Data

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 ...

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Seventh Circuit Breathes New Life into Refusal-to-Deal Claims

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. ...

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Dining Delivery Disruptors Disrupted: DOJ, FTC Should Examine Uber's Planned Purchase of Grubhub, Senators Say

Driven by competitive pressure and pandemic-related losses, Uber Technologies Inc. has expressed its intention to acquire competitor Grubhub Inc. to ...

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What Bankruptcy Counsel Need to Know About Antitrust Law: Nothing Is Free and Clear

Antitrust 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 ...

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Ticketmaster, Live Nation Get Booed: Concert-Goers File Class Action for “Unchecked” Abuse of Market Power

Live Nation Threatens Anyone Who Doesn’t Play Along, Plaintiffs Allege Concert-goers tired of paying “supracompetitive fees” on ticket purchases from ...

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Are These the First Steps Toward a New Approach to Merger Control?

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 ...

March 03, 2020
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Treasury’s New Regs Address Impact of Foreign Investments, Other Deals on National Security

The U.S. Treasury Department’s final regulations, giving it more power to scrutinize any national security risks that may arise from deals between ...

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Comcast Sued for Alleged Regional Sports Network Monopsony

Claiming Comcast Corp. is using its significant buying power and ambitious nationwide acquisition strategy to dominate the lucrative regional sports ...

December 10, 2019
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Undeterred by Challenges, Google Makes Another Move to Harvest Healthcare Data

You have to give Google credit. It’s no quitter. Despite pressure in the United States and Europe that might tell other companies to take a breath, ...

December 06, 2019
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China's TikTok Facing Privacy & Security Scrutiny from U.S. Regulators, Lawmakers

Reuters broke the story that the Treasury Department’s Committee on Foreign Investment in the United States (CFIUS) is conducting a national security ...

November 08, 2019
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Take Our CLE Webinar: The Intersection of Antitrust and Privacy

Moderator & Speaker: Daniel J. Mogin | Managing Partner, MoginRubin LLP Speakers: Jennifer M. Oliver, CIPP/US | Partner, MoginRubin LLP Thomas N. ...

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CCPA Update: Governor Signs Batch of Amendments

California Governor Gavin Newsom has signed several amendments to the California Consumer Privacy Act of 2018. Issues range from the timing of ...

October 18, 2019
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CCPA Changes Sent to Governor’s Desk as January Effective Date Draws Closer and Compliance Costs Loom Large

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 ...

October 10, 2019
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California’s College Athletes May Profit from Their Positions, Kicking Off a National Wave and a Bout with the NCAA

September 30, 2019, was a big day for college athletics. Alongside Lakers’ star LeBron James (who ironically skipped college), California Governor ...

German Court: Facebook’s Use of Non-Facebook Data, Even if a Privacy Violation, is Not Anti-Competitive

While Facebook is under assault from multiple agencies and branches of government in the U.S. and Europe, it received a little good news from ...

September 07, 2019

Google’s Cookie Conundrum: What’s Essential to Revenue Also Threatens Privacy

Google says cookies are good. They are critical to generating advertising revenue and they help the company improve its product from functionality ...

September 07, 2019

Following California High Court, 9th Circuit Invalidates Mandatory Arbitration of Consumer Claims

Mandatory arbitration clauses in California just became a lot less mandatory. The Ninth Circuit U.S. Court of Appeals handed consumers in three ...

Maine, Nevada Consumer Privacy Laws Tighten the Reins on Private Data in the U.S.

Maine -- Governor Janet Mills signed the state’s tough new consumer privacy act into law June 6, requiring internet providers to obtain a consumer’s ...

NY Privacy Act Would Give Consumers Substantial Control Over Their Data and Direct Action Rights

The newly proposed New York Privacy Act, S5642, would give consumers substantial control over the use of their personal data, such as the right to ...

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Tech Market Getting More Scrutiny, This Time From the U.S. House Antitrust Subcommittee

The line of politicians, regulators, and legislators in the U.S. and abroad expressing serious concerns about the market power held by big technology ...

June 04, 2019
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CFIUS: A Guardian of National Security or a Protectionist Tool?

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 ...

May 19, 2019

California Consumers' Direct Action Right for Privacy Violations Denied for Now

The Appropriations Committee of the California Senate on May 17 halted efforts to add to the California Consumer Protection Act (CCPA) a private ...

CCPA & GDPR: The Many Similarities & Several Important Distinctions Between Two Laws That Can Bite

Companies will want to know of the often similar but frequently very different requirements created by the California Consumer Privacy Protection Act ...

Sen. Markey Introduces Federal Privacy Bill of Rights Act, Includes Private Right of Action

On Friday, April 12, 2019, Senator Edward J. Markey (D-MA) introduced the Privacy Bill of Rights Act "in the wake of a series of revelations about ...

Expanding Private Right of Action Under California Consumer Protection Act Clears Judiciary Committee

SACRAMENTO -- April 10, 2019 -- The California Senate Standing Committee on Judiciary yesterday voted 5-3 in support of SB 561 which would expand the ...

California Consumer Privacy Act Getting New Teeth as 2020 Approaches

The landmark California Consumer Privacy Act of 2018 granted consumers new rights to protect themselves with respect to the collection and use of ...


Another Anti-Competition, Anti-Privacy Action Coming Soon, This Time in Mississippi

Mississippi Attorney General Jim Hood told CNBC on Monday, March 18, that he is developing his antitrust case against Google similar to the one ...

March 21, 2019

Internet of Things: When Does Antitrust Play a Role in Privacy and National Security?

Bipartisan legislation to improve the cybersecurity of Internet-connected devices was introduced March 11 in both the Senate and the House of ...

March 15, 2019
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Facebook’s Messenger Integration Plan Greeted With Anti-Competition, Anti-Privacy Criticism

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 ...

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