Inside Competition

Key Takeaways

Civil litigation: Division I athletes bring antitrust challenge to NCAA’s exclusion of the Class of 2022 from new eligibility rule. Illinois federal court preliminarily approves over USD37 million in additional settlements in PVC pipe price-fixing litigation. UFC moves to dismiss fans’ proposed class action alleging monopolization of pay-per-view MMA events. Third Circuit revives algorithmic price-fixing suit and distinguishes Ninth Circuit’s ruling.

Recent legislation: California State Senate considers expanding antitrust law with COMPETE Act. 

Criminal enforcement: Massachusetts AG secures USD2.4 million settlement with school bus company over contract allocation. Parties' trial briefs address the per se bid-rigging issues in United States v. BG Dale Biscoe as the case heads to trial in August 2026. Teva’s criminal DPA admissions establish civil antitrust liability to Humana in generic-drug price-fixing litigation.

Civil enforcement: Bipartisan Senate bill addresses online search monopolization. New Jersey enacts FAIR Act to ban algorithmic rent-setting practices.

Merger review and challenges: The FTC’s USD12 million settlement over HSR avoidance. TransDigm abandons proposed acquisition of Stellant Systems after DOJ decides to block the deal.

International: European Union - CJEU clarifies safeguards for seizure of business emails during dawn raids. Germany - German Federal Court of Justice overturns ruling in Baden-Württemberg roundwood cartel damages case. United Kingdom - Proposed reorganization of UK competition regime. Poland - UOKiK conducts dawn raids at a nationwide credit information bureau and major banks over potential restrictions of competition in creditworthiness assessments. Spain - CNMC updates guidance on competition compliance programs. Government nominates new CNMC president and board members.

Key Takeaways

Civil litigation:  Jury verdict against Medtronic’s bundling allowed to stand.  Indirect purchasers file proposed class action alleging shipping container manufacturers conspired to restrict output and fix prices. Illinois federal court denies class certification in healthcare no-poach wage-suppression suit.

Criminal enforcement: Nevada man pleads guilty to rigging bids for healthcare-related and other US Air Force projects. Civil enforcement: DOJ proposes settlement to resolve challenge to OhioHealth’s healthcare contracts. 

Merger review and challenges: FTC requires divestiture of four generic drugs in Aurobindo–Lannett deal.

International: Australia:  ACCC blocks Coles greenfield supermarket site under new mandatory merger regime. European Union: EU increases focus on labor markets and no-poach agreements. Germany: Germany proposes 12th amendment to Competition Act. Ireland: Irish merger notification thresholds increase. Italy: AGCM launches market investigation into motor third-party liability insurance sector. Spain: CNMC opens proceedings against major Spanish banks for public statements on future commercial policies. CNMC updates guidance on competition compliance programs. Government of Spain nominates new CNMC president and board members. United Kingdom: CMA accepts first buyer side exiting firm defense in UK bakeries merger. CMA imposes “world-first” AI publisher requirement on Google.

Key Takeaways

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.