12 January 2026 • 8 minute read

Inside Competition: January 2026

The latest in antitrust and competition law

Inside Competition is designed to help companies identify key legal developments in antitrust and competition law in the United States.

In addition to reporting on antitrust litigation and enforcement actions over the previous month, this bulletin addresses policy developments, regulatory trends, and agency priorities shaping competition law today.

Our goal is to provide insights that help businesses identify risk, respond to investigations, and compete in a rapidly evolving legal landscape.

Civil litigation

DOJ weighs in on veterinary accreditation dispute. On December 15, 2025, the Department of Justice (DOJ) filed a Statement of Interest in litigation challenging the American Veterinary Medical Association’s accreditation standards. The DOJ emphasized that “rising costs for pet care burden household budgets” and asserted a federal interest in safeguarding free-market competition in sectors “that directly affect the pocketbooks of American families.” The filing signals continued federal focus on competition and consolidation in the veterinary sector, with potential implications for pricing practices and future transactions.

DOJ challenges trade group rules in real estate case. The DOJ filed a Statement of Interest in a Pennsylvania federal court challenging adherence to the National Association of Realtors’ guidelines. The DOJ argued that the defendants’ arguments, if accepted, would make it “unjustifiably harder” for plaintiffs to challenge anticompetitive agreements embedded in trade association rules. The DOJ emphasized that agreements to adopt and adhere to such rules may constitute concerted action under the Sherman Antitrust Act and, when inherently anticompetitive, can be per se unlawful. While the DOJ took no position on the ultimate resolution of the pending Motion to Dismiss, it submitted the Statement of Interest to affirm the importance of competition in the residential real estate industry and confirm that trade association rules may constitute concerted action.

Ninth Circuit denies reconsideration in Las Vegas hotel price-fixing case. The Ninth Circuit declined en banc rehearing of the panel’s August 2025 ruling that affirmed dismissal of a proposed class action alleging Las Vegas hotel operators used revenue management software to fix prices. The denial leaves intact the earlier dismissal and affirmation of the Ninth Circuit, as reported in the September 2025 edition of Inside Competition.

NASCAR antitrust case settles after trial. After eight days of trial, 23XI Racing (co-owned by Michael Jordan), Front Row Motorsports, and NASCAR reached a confidential settlement in a closely watched antitrust trial. The plaintiffs claimed NASCAR used 2016 charter contracts to maintain its monopoly. While the exact settlement terms remain confidential, the agreement modifies the charter system to “evergreen,” or permanent, status and restores the teams’ charters for the 2026 season, avoiding the risk of significant damages and potential injunctive relief. Plaintiffs had sought more than USD364 million in damages.

Criminal enforcement

California moves to revitalize criminal antitrust enforcement. California Senior Assistant Attorney General for Antitrust Paula Blizzard signaled the state’s intention to revive criminal antitrust enforcement, pointing to two newly enacted tools. SB 763 increases criminal and civil penalties for corporations that violate the Cartwright Act, while AB 325 bans the use of pricing algorithms to facilitate collusion. Blizzard’s remarks echo commitments made over the past two years. If implemented, it would mark the first criminal prosecution under California’s antitrust laws in more than 25 years.

Maryland information technology (IT) executive charged; two plead guilty in federal procurement fraud scheme. The DOJ’s Antitrust Division obtained an indictment against Victor Marquez, owner of two IT companies, for allegedly rigging bids on US military IT contracts. According to the DOJ, the scheme involved the misuse of confidential procurement information to steer procurements to co-conspirators in exchange for kickbacks. The government alleges the scheme defrauded the government of at least USD3.8 million. Two co-conspirators have pleaded guilty in related cases. This prosecution is part of the DOJ’s continued efforts via the Procurement Collusion Strike Force to combat antitrust crimes and fraud in government procurement.

Civil enforcement

FTC increases scrutiny of rental pricing practices. The Federal Trade Commission (FTC) recently intensified its focus on rental pricing transparency through a major settlement over allegations that a property manager advertised deceptively low rents while omitting mandatory monthly fees. Shortly thereafter, the FTC issued warning letters to 13 other property management software providers, cautioning that platform designs obscuring total rental prices may violate federal law. These actions reflect a growing FTC focus on renters’ ability to understand the total rental costs and signal potential rulemaking on fee transparency, increasing compliance risks for owners, managers, software vendors, and investors.

FTC releases warning letters for fake consumer reviews and artificial intelligence (AI). On December 22, 2025, the FTC issued ten warning letters to companies suspected of violating the Consumer Review Rule, citing practices such as compensating employees for five-star reviews or soliciting reviews from individuals with no product experience. The FTC also vacated its prior consent order against AI developer Rytr, finding the earlier allegations insufficient and overly burdensome to AI innovation. The actions underscore the FTC’s ongoing efforts to protect the credibility of online reviews while refining its enforcement framework for emerging AI technologies.

Final judgment entered in DOJ lawsuit challenging UnitedHealth Group’s USD3.3 billion acquisition of Amedisys. In United States v. UnitedHealth Group Inc., et al., case number 1:24-cv-03267-JKB, the court approved the settlement agreement among the DOJ, plaintiff states (Maryland, Illinois, New Jersey, and New York), and defendants UnitedHealth and Amedisys on December 9, 2025. According to the DOJ, the settlement requires UnitedHealth and Amedisys to divest at least 164 home health and hospice locations across 19 states. It also requires Amedisys to pay USD1.1 million for Hart-Scott-Rodino Act compliance issues. The court entered final judgment upon approving the settlement agreement.