Photo of Benjamin H. Diessel

Benjamin H. Diessel

Subscribe to Benjamin H. Diessel's Posts

Ben is a Partner in Wiggin and Dana’s Litigation Department, chair of the firm’s Antitrust and Technology Disputes Practice Group, and a founding member of the firm’s Standard Essential Patent Licensing and Litigation Practice Group.

Follow:Read more about Benjamin H. DiesselBenjamin H.'s Linkedin Profile

The last stretch of 2025 saw significant developments in antitrust litigation involving algorithmic pricing and listing services in the real estate sector. As artificial-intelligence driven software and other real estate business practices continue to generate antitrust litigation, companies should remain vigilant about the risks of incorporating new technologies and listing policies into their business models.

Algorithmic Pricing: Settlements and New Legislation.

Four settlements involving algorithmic…

Read More 2025 Antitrust Round-Up

On December 22, 2025, the FTC reopened and set aside the FTC’s 2024 consent order against the AI company Rytr LLC.[1] This move was made by the two active members, Chair Andrew Ferguson and Commissioner Mark Meador, leading the normally five-member agency. These members ordered the Rytr consent decree to be set aside because the initial complaint against Rytr “failed to satisfy the legal…

Read More FTC Sets Aside Rytr LLC Final Order, Citing the Trump Administration’s AI Action Plan

Recent merger settlements further confirm that merger remedies are back and indicate the healthcare industry remains a priority for antitrust enforcers.

In July, we published an alert regarding the resolutions of two merger investigations initiated by the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ).[1] We observed a key shift in enforcement policies under the new Trump administration based on…

Read More Merger Remedies Are Back in Play: Recent Developments

The Federal Trade Commission (FTC) recently announced two important changes affecting how it will address noncompetition agreements and covenants. One is the dismissal by the FTC of its noncompete rule, thus ending the agency’s attempt to seek judicial review of two decisions that held both the trade regulation process as well as the substance of the rule flawed. The second is the initiative by the…

Read More The FTC Intends to Challenge Non-Competes on a Case by Case Basis

On September 18, the Federal Trade Commission (“FTC”), along with seven states,[1] filed a complaint in the United States District Court for the Central District of California.[2] This complaint alleges that Ticketmaster LLC (“Ticketmaster”) and its parent company Live Nation Entertainment, Inc. (“Live Nation”) (collectively “Ticketmaster”) have “deceived artists and consumers by engaging in bait-and-switch pricing through advertising lower prices for tickets than…

Read More Live Nation Faces New Challenge from FTC regarding Deceptive Ticket Prices

On August 15, 2025, D.C. District Judge Sparkle L. Sooknanan issued a preliminary injunction preventing the Federal Trade Commission (“FTC”) from implementing or enforcing the Civil Investigative Demand (“CID”) that it had issued to the left-wing watchdog journalism organization, Media Matters for America.[1] Judge Sooknanan warned that “[i]t should alarm all Americans when the Government retaliates against individuals or organizations for engaging in constitutionally…

Read More D.C. District Court Blocks FTC Investigation Into Watchdog Journalism Non-Profit, “Media Matters for America”

UPDATE: The Trump Administration immediately appealed Judge AliKhan’s order to the U.S. Court of Appeals for the District of Columbia Circuit. On July 21, 2025, the Court of Appeals entered an administrative stay, thus temporarily blocking Slaughter’s reinstatement to the FTC. In a one page order, the Court of Appeals explained that the purpose of the stay is to “give the court sufficient opportunity…

Read More D.C. District Court Finds President Trump’s Firing of FTC Commissioner Illegal

The Federal Trade Commission’s (“FTC”) recent settlement of the Synopsys/Ansys merger and the Department of Justice Antitrust Division’s (“DOJ”) settlement of the Keysight/Spirent merger are signs that, under the new Trump administration, the agencies are interested in putting merger remedies, which had essentially been a non-starter during the Biden administration, back on the table. FTC Chair Andrew Ferguson, who issued a statement in connection with…

Read More Merger Remedies are Back in Play under Trump 2.0

On June 6, U.S. District Judge Claudia Wilken approved a proposed settlement agreement [VZ1] between the National Collegiate Athletics Association (“NCAA”), the Power Five Conferences and student athletes, effectively paving the way for name, likeness, and image (“NIL”) compensation for student athletes.[1] The approval comes nearly five years after student athletes filed the class action lawsuit for alleged violations of the Sherman Act related…

Read More Settled Yet Uncertain: Final Approval of NCAA NIL Settlement Opens Doors to More Antitrust Challenges 

Wiggin and Dana’s Antitrust and Technology Disputes Practice Group is excited to launch Blog of Reason, named for the so-called “rule of reason” under U.S. antitrust law. As followers of antitrust law know, a “rule of reason” analysis is expansive, searching, and nuanced. Blog of Reason aspires to be the same. But our blog’s coverage will be broader than its namesake legal framework, offering…

Read More Introducing Blog of Reason: Wiggin and Dana’s Antitrust and Consumer Protection Blog