Region: United States of America

Happy birthday Horizontal Merger Guidelines: The Tipline for 19 August 2020

It has been a tough year for the horizontal merger guidelines. After hogging the limelight for decades, they were largely overshadowed by Mom’s and Dad’s attention to their vertical sibling. As the (most recent) horizontal guidelines turn 10 today, GCR USA is here to remind both that they are loved equally. Actually, that’s probably not true.

19 August 2020

Cigar maker challenges decision to throw out jury verdict

Unable to afford the litigation expenses of a second trial, cigar maker Trendsettah has said it intends to immediately appeal against a court’s decision to throw out a $44 million antitrust judgment in favour of the company.

19 August 2020

Solo play: The Tipline for 18 August 2020

Epic Games has doubled down on its attempt to skirt Apple’s commission rates, asking a California federal court for a preliminary injunction that stops the iPhone maker from delisting the popular video game Fortnite from its App Store. The game developer said a preliminary injunction is needed “to prevent Apple from crushing Epic before this case could ever get to judgment”. Delisting Fortnite will prevent iOS users from updating the game, leaving them stuck with a version they cannot play with friends and family, Epic warned.

18 August 2020

Texas judge rejects water agency’s state-action immunity claims

A federal judge in Houston has ruled that a Texas water agency must face two private utility companies’ claims that it monopolised the raw water supply in a northern suburb of that city.

18 August 2020

Vyera claims Qualcomm reversal supports its defence against FTC

Vyera Pharmaceuticals has said a federal appellate court’s recent Qualcomm decision supports the company’s defence against FTC claims that it violated antitrust laws.

17 August 2020

Roll call: The Tipline for 14 August 2020

With Federal Trade Commission chair Joseph Simons no longer recused from the agency’s Qualcomm litigation, this set of commissioners may have to take its first definitive step in the case. It is clear that the agency has several options should it decide to appeal against Tuesday’s defeat at the hands of the Ninth Circuit. What is less apparent is what those steps might look like. GCR USA has explored what might come next.

14 August 2020

SmileDirectClub claims 11th Circuit victory bolsters arguments in Alabama case

SmileDirectClub has argued that a federal appellate court’s ruling against the Georgia dentistry board supports its argument that members of Alabama’s dentistry board also are not immune from antitrust lawsuits.

14 August 2020

All the cool kids: The Tipline for 13 August 2020

With antitrust law apparently cool again, it appears all the federal agencies want in on the fun. The Securities and Exchange Commission recently established new collaborative efforts with the Department of Justice’s antitrust division. The Department of Defense and Department of Energy each weighed in during Qualcomm. Now central bankers – recently declared cool by Lin-Manuel Miranda – have joined the game. Two economists from the Federal Reserve have published a study contending that rising concentration across the US economy is exacerbating income inequality.

12 August 2020

Hypercompetition: The Tipline for 12 August 2020

The Federal Trade Commission claimed Qualcomm’s licensing behaviour was anticompetitive. The Ninth Circuit found the conduct to be “hypercompetitive”. “Qualcomm asserted its economic muscle with vigour, imagination, devotion and ingenuity,” the three-judge panel wrote in its sweeping reversal of an earlier FTC win.

11 August 2020

Tarot cards: The Tipline for 11 August 2020

The judge presiding over the proposed joint venture between Peabody Energy and Arch Coal did not bring out Judge Victor Marrero’s patented crystal ball, but she did ask the Federal Trade Commission to help her predict what the coal industry would look like in a world with or without the deal. Perhaps there are other means of fortune-telling Judge Sarah Pitlyk can try. Tarot cards? Reading Stephen Weissman’s palms?

10 August 2020

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