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Algorithmic Price-Setting by Multiple Competitors is a U.S. Antitrust Enforcement Priority

Written by Jonathan Rubin, Partner and Co-Founder of MoginRubin LLP For the third time in as many months, the U.S. federal antitrust enforcement ...

April 04, 2024

Market Definition for Patented Products: The Second Circuit Reinstates Regeneron v. Novartis

Written by Jonathan Rubin, Partner and Co-Founder of MoginRubin LLP The Second Circuit U.S. Court of Appeals has reinstated an antitrust complaint ...

March 21, 2024
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Algorithmic Pricing Agents and Price-Fixing Facilitators: Antitrust Law's Latest Conundrum

Written by Jonathan Rubin, Partner and Co-Founder of MoginRubin LLP It is an application of artificial intelligence (“AI”) that many businesses, ...

November 17, 2023

Artificial Intelligence and Antitrust Activity

In a recently published paper, a pair of academics propose that the application of artificial intelligence can offer a potent weapon against ...

October 05, 2021
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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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U.S., 11 States Sue to End Google’s Reign as “Monopoly Gatekeeper for the Internet”

Suit says company improperly uses market power to achieve exclusivity. The U.S. Department of Justice and 11 states have sued Google LLC in federal ...

October 20, 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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Auntie Em and Antitrust: Ending Ages-Old Ban, Movie Studios May Distribute Films and Own Theaters

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 ...

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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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Raising New Questions re Antitrust Oversight, Epic Games Sues Apple, Google for Blocking 'Fortnite' App

When should 'marketplace platforms' be treated as markets controlled by operators? It poses a new brand of antitrust problem: private parties ...

August 14, 2020

Four of the Five Biggest Tech CEOs Headed to Capitol Hill for Antitrust Hearings

The CEOs of Amazon, Apple, Facebook, and Google are scheduled to appear before the U.S. House of Representatives’ Judiciary Antitrust Subcommittee on ...

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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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Private Antitrust Action Follows FTC Complaint Against Altria and Juul Over E-Cigarette Deal

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 ...

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Enforcers, Experts Discuss Tamping Down Anticompetitive Behavior in Bio Market During FDA/FTC Workshop

For believers in free markets it is important that they operate free of “shenanigans,” Food & Drug Administration (FDA) Commissioner Stephen Hahn ...

March 23, 2020
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DOJ: Event Powerhouse Live Nation Punished Concert Venues for Using Competing Ticketers Despite Bar

Live Nation Entertainment, Inc., owner of some of the world’s biggest music venues, events and festivals, is currently operating under what the ...

March 19, 2020
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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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FTC, FDA Team Up Against Anticompetitive Tactics in Biological Product Industry

Anticompetitive conduct and misleading advertising practices in the burgeoning biosimilars market – where nearly identical versions of bioilogics are ...

February 28, 2020
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Consolidation of Financial Markets Continues as Morgan Stanley Offers to Buy E*TRADE, Pioneer of Low-Cost Online Trading Segment

Morgan Stanley’s proposed $13 billion all-stock acquisition of the popular E*TRADE online discount brokerage made big headlines last week. While no ...

February 26, 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 ...


Remedies the Same for General Patent and Standard-Essential Patent Disputes, Agencies State

Imagine purchasing a lamp that only uses light bulbs designed specifically to fit that lamp. No other bulb will do. Or a flashlight that requires ...

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Schwab/TD Ameritrade Deal Would Create a Wealth Management Market Dominator

Charles Schwab Corp. has announced it will acquire TD Ameritrade Holding Corp. for $26 billion in stock. But the merger should receive significant ...

January 03, 2020
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FTC Challenges Illumina- PacBio Merger Over Next Gen DNA Sequencing

The Federal Trade Commission (FTC) is challenging Illumina Inc.'s $1.2 billion acquisition of Pacific Biosciences of California Inc. (PacBio), ...

December 18, 2019
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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

DOJ Gets Involved in Antitrust Case Against Symantec and Others Over Malware Testing Standards

The U.S. Department of Justice Antitrust Division has inserted itself into a case that questions whether the Anti-Malware Testing Standards ...


Free Competition or National Security? Chip Giant Qualcomm’s Business Practices Pit the FTC Against the DOJ

Ubiquitous modem chips allow our smart devices to communicate with each other over cellular networks using industry standards like 4G LTE. A small ...


Qualcomm Seeks Stay of Judge Koh's 'Irreparably Flawed' Antitrust Decision

Qualcomm Inc. has asked U.S. Judge Lucy H. Koh of the Northern District of California to stay, pending appeal to the Ninth Circuit U.S. Court of ...

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