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Open Markets Legal Director on Capital One, Discover merger: 'buying up another leading card issuer and operator of a major credit card network looks suspicious on both antitrust and public interest grounds'
Antitrust

Open Markets, a think tank focused on monopolies and corporate consolidation, has expressed concern over the proposed merger between Capital One and Discover. The merger, announced on Monday, is set to be scrutinized by regulators as it involves a hefty sum of $35.3 billion. Sandeep Vaheesan, legal director for Open Markets, called for careful regulatory examination in a statement released yesterday.


FTC and HHS seek comments on pharmaceutical drug middlemen groups
Antitrust

The Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services (HHS) have initiated a joint Request for Information (RFI) to gather insights on the impact of group purchasing organizations (GPOs) and drug wholesalers on generic drug shortages. The agencies have set a 60-day period for comments.


European Commission conditionally approves Korean Air’s acquisition of Asiana
Antitrust

The European Commission has given the green light to Korean Air Lines' acquisition of Asiana Airlines, following a comprehensive investigation. However, the approval is contingent upon certain conditions being met.


FTC submits comment on NIST’s draft march-in rights framework
Antitrust

The Federal Trade Commission (FTC) has responded to the National Institute of Standards and Technology’s (NIST) request for information (RFI) on the Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights under the Bayh-Dole Act. The FTC's comment was submitted on the final day of the comment period.


U.S. Sen. Wyden introduces bill to crack down on algorithmic price fixing
Antitrust

U.S. Senator Ron Wyden (D-Ore.) last week introduced the Preventing Algorithmic Collusion Act, an antitrust legislation designed to prevent companies from utilizing algorithms to collude and set higher prices.


Two Michigan asphalt companies plead guilty to rigging contract bids
Antitrust

Asphalt Specialists LLC and Al’s Asphalt Paving Company Inc., along with two executives from these companies, have admitted to conspiring to rig bids for paving service contracts in Michigan. The firms colluded to manipulate bids in each other's favor from 2013 through 2018.


DOJ and FTC update guidance and warn companies using ephemeral messaging apps
Antitrust

In response to the growing use of collaboration and ephemeral messaging platforms by companies, the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) have revised their standard preservation letters and specifications. These modifications are applicable to all second requests, voluntary access letters, and compulsory legal processes.


FTC issues orders to Alphabet, Amazon, Anthropic, OpenAI and Microsoft in AI inquiry
Antitrust

The Federal Trade Commission (FTC) has initiated an investigation into investments and partnerships related to generative artificial intelligence (AI). The FTC has issued orders to five companies—Alphabet, Inc., Amazon.com, Inc., Anthropic PBC, Microsoft Corp., and OpenAI, Inc.—to provide information as part of this inquiry.


DOJ joins 10 states in lawsuit challenging NCAA's transfer rule
Antitrust

The U.S. Department of Justice (DOJ) has become a co-plaintiff in a civil antitrust lawsuit initiated by 10 state attorneys general, challenging the National Collegiate Athletic Association’s (NCAA) Transfer Eligibility Rule. The suit contends that the rule unreasonably inhibits college athletes from transferring to other colleges by limiting their eligibility to participate in intercollegiate sports and unfairly suppresses competition in the athletic services market.


Federal court blocks $3.8 billion JetBlue Airways and Spirit Airline merger
Antitrust

The U.S. Department of Justice (DOJ) has announced that the U.S. District Court for the District of Massachusetts has rejected JetBlue Airways' attempt to acquire Spirit Airlines. The court stated in its decision that the proposed $3.8 billion deal "does violence to the core principle of antitrust law: to protect the United States’ markets—and its market participants—from anticompetitive harm."


Coalition calls for investigation into Microsoft's partnership with OpenAi
Antitrust

Open Markets, a civil society group, has joined forces with other organisations to call for an investigation into Microsoft's $13 billion partnership with OpenAI. The coalition submitted their concerns to the Competition and Markets Authority (CMA), highlighting the potential anti-competitive implications of the partnership.


Federal court grants FTC motion to temporarily block IQVIA and Propel Media deal
Antitrust

The Federal Trade Commission (FTC) has revealed that the U.S. District Court for the Southern District of New York has approved its request for a preliminary injunction against IQVIA Holdings Inc., the world's largest provider of healthcare data. This action will temporarily halt IQVIA's acquisition of Propel Media, Inc. while the FTC concludes its administrative proceeding aimed at permanently blocking the proposed transaction.


FTC and DOJ release annual Hart-Scott-Rodino report
Antitrust

The Federal Trade Commission (FTC) and the Department of Justice's (DOJ) Antitrust Division have published their Hart-Scott-Rodino (HSR) Annual Report for Fiscal Year 2022. The report provides data for FY 2022 on the HSR Premerger Notification Program.


The pressure against Apple and Google is building in Japan
Antitrust

Tech giants Apple and Google, who have been embroiled in numerous antitrust battles in the United States, are now facing mounting pressure in Japan. As per a report by Nikkei Asia, Japan is gearing up to implement new regulations that could compel these two technology behemoths to permit third-party app stores on their mobile operating systems.


The FTC and Justice Department publish the 2023 Merger Guidelines
Antitrust

The U.S. Justice Department and the Federal Trade Commission (FTC) have jointly announced the publication of the 2023 Merger Guidelines. These guidelines elucidate the factors and frameworks that these agencies utilize in their review of mergers and acquisitions.


Illumina to divest GRAIL after federal appeals court sides with the FTC
Antitrust

Illumina, Inc., a biotechnology firm, has announced its decision to divest GRAIL, a company specializing in noninvasive, multi-cancer early detection (MCED) liquid biopsy tests utilizing DNA sequencing. This decision comes in the wake of a ruling by the U.S. Court of Appeals for the Fifth Circuit, which agreed with the Federal Trade Commission (FTC) that the acquisition could potentially harm competition within the cancer detection test market.


Adobe abandons proposed acquisition of Figma amid antitrust concerns
Antitrust

Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division issued a statement following Adobe Inc.'s decision to abandon its proposed acquisition of Figma Inc.


Justice Department & FTC issue updated merger guidelines after extensive public consultation
Antitrust

The Justice Department and the Federal Trade Commission (FTC) have jointly issued the 2023 Merger Guidelines, outlining factors and frameworks used in reviewing mergers and acquisitions. This release marks the end of a nearly two-year process involving public engagement and reflects current market conditions, advancements in economics and law, as well as experiences from diverse market participants.


Executives charged with bid rigging after wiretap investigation
Antitrust

Following a court-authorized wiretap investigation, a federal grand jury in Boise, Idaho, returned an indictment this week charging two executives of competing companies with conspiring to rig bids and allocate territories in violation of the Sherman Act, conspiring to commit wire fraud, and committing wire fraud.


Jury concludes Google engaged in anticompetitive conduct in Epic Games case
Antitrust

Epic Games has celebrated the verdict delivered by a jury in a California court in its case against Google, describing it as a victory for app developers and consumers. The company asserts that the decision confirms Google’s app store practices exploit its monopoly power.