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 ChallengesFederal Judge Allows FTC’s Robinson-Patman Act Suit Against Southern Glazers Wine and Spirits to Continue Beyond Motion to Dismiss Stage
The Federal Trade Commission’s (“FTC”) first Robinson-Patman Act (“RPA”) suit in decades has survived a motion to dismiss. The Honorable Fred W. Slaughter in the United States District Court for the Central District of California ruled on the papers that the FTC’s Complaint against Southern Glazers Wine and Spirits, LLC (“Southern”) “sufficiently alleges” a claim that Southern has engaged in price discrimination that injures competition among its customers, a secondary-line discrimination claim, as detailed below.[1]
As we summarized in a prior advisory (available here), two years ago, during the Biden administration’s tenure, the FTC announced its intention to ramp up enforcement of the RPA, a Great Depression era anti-price discrimination law, after decades of non-enforcement. The RPA forbids a seller of goods from engaging in price discrimination between two or more different purchasers. The rationale for the RPA was that preventing such price discrimination would enable smaller companies to compete with larger businesses.Read More Federal Judge Allows FTC’s Robinson-Patman Act Suit Against Southern Glazers Wine and Spirits to Continue Beyond Motion to Dismiss Stage
Antitrust Insights: A Conversation with Robert M. Langer
On April 24, 2025, Senior Counsel Robert M. Langer will participate in a webinar hosted by the American Bar Association Antitrust Law Section. Bob will share insights on key legal precedents, multistate enforcement, and the role of state attorneys general. Participants will gain valuable perspectives on past and current trends shaping competition law.
A Senior Counsel at Wiggin and Dana, Bob Langer has represented clients
Read More Antitrust Insights: A Conversation with Robert M. LangerPrivate Merger Challenges and SAEVA — What Merging Parties Need to Know
The potential for antitrust challenges brought by the Federal Trade Commission (“FTC”) or the United States Department of Justice (“DOJ”) is well known among deal-making parties. However, parties should also keep in mind two lesser-known antitrust issues when seeking to complete their merger: (1) the potential for private merger challenges; and (2) the increased likelihood of becoming engaged in multi-district litigation in the post State
Read More Private Merger Challenges and SAEVA — What Merging Parties Need to KnowSenior Counsel Robert Langer and Partner Benjamin Diessel Published an Article in ABA Antitrust Law Section’s Antitrust Magazine
Senior Counsel Robert Langer and Partner Benjamin Diessel co-authored an article titled, “Off the Wagon: Rejecting Efforts to Write the Agreement Requirement Out of Section 1 in Liquor Regulation Preemption Cases” in ABA Antitrust Law Section’s Antitrust Magazine. The article discusses the complex intersection of state pricing regulation, the Sherman Antitrust Act and the U.S. Constitution’s Supremacy Clause. It explains at length why the
Read More Senior Counsel Robert Langer and Partner Benjamin Diessel Published an Article in ABA Antitrust Law Section’s Antitrust MagazineAttorneys Robert M. Langer, Benjamin H. Diessel and Timothy Cowan’s Published By The National Law Review
Wiggin and Dana attorneys Robert M. Langer, Benjamin H. Diessel and Timothy Cowan’s advisory titled, “100 Million Dollar Criminal Antitrust Penalty Paid By Florida Oncology Practice” has been published by The National Law Review.
To read their piece on the The National Law Review‘s website, click here.
Read More Attorneys Robert M. Langer, Benjamin H. Diessel and Timothy Cowan’s Published By The National Law ReviewRecent Developments in Intellectual Property Law
Wiggin and Dana is pleased to present its Intellectual Property Practice Group’s latest newsletter: “Recent Developments in IP Law.” This newsletter takes a look back at some of the biggest developments in intellectual property law in 2019, as well as a look forward at what we can expect for 2020.
To read the newsletter, please click the PDF link at the bottom of the page.
Read More Recent Developments in Intellectual Property LawCAVEAT VENDITOR!! The Second Prong of the Cigarette Rule is Alive and Well in Several “Little FTC Act” States
Wiggin and Dana partners, Robert Langer and John Doroghazi along with Associate Amanda Brahm, have co-authored an important article regarding a key development concerning state consumer protection laws that affect both businesses as well as consumers.
Read More CAVEAT VENDITOR!! The Second Prong of the Cigarette Rule is Alive and Well in Several “Little FTC Act” StatesCompetition News, June 2015
Unilateral Price Policies in the Contact Lens Industry: Can Manufacturers Be Forced to Sell to Every Retailer?
It is a cardinal rule of antitrust that – absent very limited exceptions – parties can do business, or refuse to do business, with whomever they choose. The Supreme Court solidified that premise in United States v. Colgate & Co., 250 U.S. 300, 307 (1919), and has
Read More Competition News, June 2015North Carolina State Board of Dental Examiners v. FTC — What Hath the Supreme Court Wrought?
The federalism debate has continued to serve as a point of controversy and division in American politics and jurisprudence.1 The balance of power between the states and the federal government has shifted over time reflecting the realities of this debate. Historically, the states were thought to possess the exclusive power to regulate ‘‘their purely internal affairs” through the exercise of their police powers.2
Read More North Carolina State Board of Dental Examiners v. FTC — What Hath the Supreme Court Wrought?