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FTC chair signals change in announcing competition and consumer protection hearings

Historically, when administrations change and new leadership arrives at the antitrust agencies, the agency heads speak of continuity. In 2001, then FTC Chairman Tim Muris pledged continuity. Eight years later, when Jon Leibowitz took the helm of the agency, he

Boston cabbies’ monopolization claim against Uber dismissed in absence of supporting facts and harm to Boston consumers

Antitrust claims by taxi medallion holders in the Boston area alleging that Uber attempted to monopolize the on-demand transportation market were dismissed where the taxi companies (1) failed to allege facts supporting a predatory pricing claim, (2) failed to allege facts de

Supreme Court to consider standing in Apple monopolization case

The U.S. Supreme Court will hear Apple’s appeal of a Ninth Circuit ruling that iPhone app purchasers had standing as direct purchasers to assert monopolization and attempted monopolization claims of the market for iPhone apps against Apple (Apple Inc. v. Pepper, D

AndroGel reverse payment antitrust suit headed to trial after summary judgment denied

A consolidated FTC enforcement suit and private class action challenging a purported reverse payment settlement involving the testosterone replacement drug AndroGel as illegally anticompetitive under federal antitrust laws should proceed to trial, the federal district court

Foreign government submissions not binding on federal courts

A federal court considering a case in which foreign law is relevant is not bound to defer to an official interpretation of the law offered by the foreign government, a unanimous Supreme Court announced today. "A federal court should accord respectful consideration to a

Court says to resist urge to view AT&T decision as something more!

Despite an admonition from the federal district court in Washington, D.C. to resist the temptation to view its decision from yesterday, rejecting a Department of Justice request to enjoin the combination of AT&T Inc. and Time Warner Inc., "as something more than a r

Antitrust chief defends consumer welfare standard for antitrust enforcement

Broadening the consumer welfare standard for antitrust enforcement in order to also consider the effects on democracy and free expression is neither desirable nor necessary, according to Assistant Attorney General Makan Delrahim of the U.S. Department of Justice Antitrust Di

Claims challenging Carfax agreements rejected

Because used car dealers failed to provide sufficient evidence of the theory underlying their antitrust claims against Carfax—that Carfax substantially foreclosed competition in the Vehicle History Report (VHR) market through its exclusive arrangements—summary ju

FTC declines stay of antitrust challenge to Louisiana real estate appraisal regulation

Administrative action. The action began last year with the FTC’s issuance of a complaint accusing LREAB—a body that regulates the practice of real estate appraisals in Louisiana—of unreasonably and thus unlawfully restraining price competition for appr

FTC order requiring LabMD to overhaul data security practices unenforceable

Because an FTC cease and desist order contained no prohibitions, but merely commanded a company to overhaul and replace its data-security program to meet an unstated standard of reasonableness, the order was unenforceable, held the U.S. Court of Appeals in Atlanta. Following

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