Inside Competition

United States

• Civil litigation: Brokerage files proposed class action against CoStar. Consumers file proposed class action against Lucky Strike.
• Criminal enforcement: DOJ investigates Texas Gulf Coast fertilizer plants. DOJ opposes motion to dismiss in Sherman Act bid-rigging prosecution.
• Civil enforcement: Agri Stats to make significant changes to settle DOJ lawsuit. DOJ highlights growing use of AI and data analytics to detect collusion.
• Merger review and challenges: FTC requires divestiture in 365 Retail–Cantaloupe. Senator Booker introduces CLEAN Mergers Act. DOJ requires divestitures in Taiheiyo/CalPortland–Vulcan ready-mix concrete acquisition.

International

• European Union: Key updates in the draft EU Merger Guidelines. European Commission opens in-depth foreign subsidies investigation into JD.com’s proposed acquisition of CECONOMY.
• Germany: German Federal Court of Justice confirms limits to collective claims collection in cartel damages litigation.
• Italy: Cartel in the savory snacks sector: the Italian Competition Authority (ICA) finds an infringement and applies the settlement procedure for the first time.
• Spain: Spanish CNMC hosts annual meeting of Ibero-American Association of Energy Regulatory Authorities and adopts Madrid Declaration. CNMC closes proceeding against Naturgy concerning alleged discrimination of competitors. For professional responsibility reasons, these summaries may not include discussions of developments relating to certain matters.

United States key takeaways

• Civil litigation: Ninth Circuit allows challenge to extraterritorial application of California’s Cartwright Act. Second Circuit declines to revive Ivy League athletes' suit over scholarship ban. Eighth Circuit affirms dismissal of farmers’ antitrust suit against agricultural companies. JPML consolidates growing wave of fire apparatus antitrust actions. 
• Criminal enforcement: Former Air Force Master Sergeant pleads guilty to bid-rigging scheme involving IT contracts for the US Air Force. Fuel executive sentenced to five years for defrauding US Navy. DOJ enters non-prosecution agreement with Broadway Across America over non-compete. FTC urges Tennessee Supreme Court to open up law school accreditation. 
• Civil enforcement: DOJ challenges NYP’s payor contracting restrictions. FTC secures USD10 million settlement with StubHub for deceptive ticket pricing. DOJ opens investigation into NFL subscription fees. State enforcers push for parallel remedies proceedings after jury verdict against Live Nation.
• Merger review and challenges: Federal court blocks Nexstar-Tegna merger pending resolution of antitrust suit. Senate Antitrust Subcommittee Chair flags competition concerns over proposed RV components “merger of equals”. Senator Blumenthal calls for DOJ investigation into sale of WNBA’s Connecticut Sun. 
• Recent legislation: Maryland enacts state-level ban on surveillance pricing in food retail. 

International key takeaways

• European Union: Revised EU Merger Guidelines forthcoming. The April 2026 edition of DLA Piper’s Antitrust Bites newsletter covers other EU antitrust developments, including the European Commission’s Revised Technology Transfer Block Exemption Regulation and Guidelines on the application of Article 101 of the Treaty on the Functioning of the European Union (TFEU) to technology transfer agreements. 
• United Kingdom: UK Competition Appeal Tribunal rejects Atlantic salmon collective proceedings order application. 
• Hungary: Below-threshold Hungarian media merger triggers warning from the EU Media Board. 
• Poland: SOKiK upholds LPP for in-house counsel while UOKiK challenges independence of employed lawyers. 

Key takeaways

• Litigation Updates - Agri Stats agrees to stop or substantially reform benchmarking reports as part of proposed settlements in chicken, turkey, and pork price-fixing litigation. Hotel guests petition US Supreme Court to review Ninth Circuit's dismissal of algorithmic pricing antitrust claims. Court dismisses antitrust complaint against Google on standing, monopoly power, and tying grounds.
• Criminal enforcement - New DOJ antitrust leader signals individual prosecutions and meaningful sentences are cornerstones of effective antitrust deterrence. DOJ probing fertilizer market for potential price fixing. Storage sales company owner pleads guilty to bid rigging for US Air Force healthcare projects.
• Civil enforcement - DOJ settles Live Nation–Ticketmaster antitrust case mid-trial. FTC stops proposed merger of leading cataract surgery device makers. FTC Chairman Ferguson launches Healthcare Task Force.
• Merger Oversight - Nexstar–Tegna merger cleared by federal regulators, immediately challenged in court.
• International - UK enforcement authorities signal focus on algorithmic collusion. CJEU to rule on whether related asset swaps must be treated as a single concentration under the EU Merger Resolution.

   

Key takeaways

• Litigation Updates – Courts continue to closely scrutinize circumstantial evidence and information sharing theories in price fixing cases, with DOJ support for plaintiffs in benchmarking based conspiracy claims, while simultaneously limiting class actions where individualized proof defeats common injury, as seen in the Robinson Patman snack pricing case.
• Criminal Enforcement – No major new criminal antitrust prosecutions were highlighted this month, but DOJ’s public alignment with private plaintiffs in price fixing litigation underscores sustained enforcement pressure around information exchange and coordinated pricing.
• Regulatory Actions – Regulators and courts remain focused on information exchanges and benchmarking tools as potential facilitators of anticompetitive conduct, reinforcing compliance risks around data sharing, pricing communications, and margin signaling.
• Merger Oversight – The March issue did not feature significant merger enforcement actions, suggesting a temporary lull in headline merger challenges, though continued scrutiny of market concentration and coordinated conduct remains implicit in enforcement priorities.
• State-Level Scrutiny – State law claims (including Robinson Patman and unfair competition statutes) remain an active complement to federal antitrust theories, highlighting the need to assess state specific exposure alongside federal risk.

Key takeaways

• Litigation Updates – Antitrust challenges continue to push into state regulatory frameworks and sports governance, with courts recognizing restraints of trade even where damages are nominal, underscoring litigation risk despite limited monetary exposure.
• Criminal Enforcement – While February featured fewer new criminal cases, the continued focus on per se theories (price fixing, boycotts, market allocation) reflects enforcement readiness where conduct crosses the criminal threshold.
• Regulatory Actions – Professional licensing and collaboration requirements are increasingly being framed as anticompetitive restraints, signaling risk for regulatory bodies and industries relying on restrictive practice models.
• Merger Oversight – No major merger developments were highlighted this month, but ongoing litigation signals that structural market control—rather than transaction size alone—remains central to antitrust evaluation.
• State-Level Scrutiny – States and territorial regulators remain active antitrust battlegrounds, with state laws and exemptions (including baseball’s antitrust exemption) facing renewed judicial and policy challenges.

Key takeaways

• Litigation Updates – DOJ signaling that trade association rules, accreditation standards, and coordinated practices remain prime antitrust targets, even where courts dismiss specific claims.
• Criminal Enforcement – Criminal antitrust risk is rising as DOJ intensifies procurement enforcement and states (notably California) move to revive criminal antitrust prosecutions.
• Regulatory Actions – FTC is prioritizing pricing transparency and consumer deception, while closely scrutinizing AI enabled pricing and review practices.
• Merger Oversight – DOJ continues to demand significant structural remedies, particularly in healthcare, reinforcing that merger settlements will remain costly and operationally disruptive.
• State-Level Scrutiny – States are asserting greater independent antitrust authority, increasing the likelihood of parallel and multi state enforcement actions.