Antitrust

Subscribe to Antitrust via RSS

The Department of Justice’s Antitrust Division recently announced a proposed settlement with Agri Stats, Inc. regarding allegations that Agri Stats unlawfully helped meat processors exchange competitively sensitive information.[1] The settlement, filed in the District of Minnesota, requires Agri Stats to halt certain data-sharing practices that the DOJ alleges suppressed competition and increased meat prices.[2]

In its suit, the DOJ alleged that Agri Stats…

Read More DOJ Settlement with Agri Stats and Recent Speech Signal Heightened Scrutiny for Information Sharing Among Competitors and Algorithmic Pricing Tools

On April 29, the NCAA agreed to a proposed class action settlement, requiring it to make both monetary payments and major rule changes on student athletes’ ability to receive prize money prior to college enrollment. [1]  The proposed settlement now awaits final approval in the U.S. District Court for the Middle District of North Carolina.[2]

In Brantmeier, et al. v. NCAA, the…

Read More NCAA Settlement Sets Aside Rule Banning Student Athletes From Accepting Outside Prize Money

Following appeal arguments concerning an August 2025 ruling from D.C. District Judge Sparkle L. Sooknanan, the FTC has settled litigation with the left-wing watchdog journalism organization, Media Matters for America.[1] Our post on Judge Sooknanan’s August 2025 order (the “Order”) can be found here.

As set forth in the Order, Media Matters had garnered the attention of Elon Musk when, in 2023, it…

Read More FTC Settles With Watchdog Journalism Non-Profit “Media Matters for America”

On March 20, 2026, the U.S. Court of Appeals for the Fifth Circuit held that deceptive advertising actions brought by the Federal Trade Commission (FTC) in an administrative proceeding are unconstitutional.[1] In Intuit, Inc. v. FTC (No. 24-60040), the Fifth Circuit determined that when the FTC prosecutes deceptive advertising claims pursuant to Section 5 of the FTC Act, it can only bring those…

Read More Fifth Circuit Holds FTC’s Internal Administrative Adjudication of Deceptive Advertising Claims Unconstitutional

A recent case commenced by the Federal Trade Commission (FTC) challenging a merger directly in federal court has contradicted longstanding expectations regarding the agency’s merger enforcement process.

The FTC has generally used Section 13(b) of the Federal Trade Commission Act[1] to obtain preliminary injunctive relief in merger challenges in federal court, but it has also utilized its authority to continue these litigations administratively. This…

Read More FTC Foregoes Administrative Proceeding Option, Indicating Procedural Changes to Merger Enforcement are Underway

In President Trump’s second term, the Department of Justice Antitrust Division has demonstrated its antitrust enforcement priorities through relatively frequent filing of Statements of Interest. The 13 Statements filed in 2025 represent a clear uptick from the 7, 8, and 9 Statements filed under the Biden Administration in each of 2022, 2023, and 2024, respectively, marking the highest annual total since President Trump’s first term…

Read More Uptick in DOJ Antitrust Division Statements of Interest

Last week, a Texas federal district court vacated the Federal Trade Commission Final Rule from 2025 that expanded the information companies must include in Hart-Scott-Rodino (“HSR”) premerger notifications.[1]

The Final Rule, which went into effect in February 2025, greatly increased reporting burdens on parties to a merger or acquisition, including by requiring parties to provide narrative descriptions of their transaction rationale; produce all transaction-specific…

Read More District Court Vacates HSR Reporting Requirements

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

Wiggin and Dana’s Robert M. Langer, a senior counsel in the firm’s Hartford office and co-chair of the firm’s Antitrust and Technology Disputes Practice Group, and New Haven Partner, Kim E. Rinehart, chair of the firm’s Class Action Defense Practice Group, have co-authored the 2025-2026 Edition of “Connecticut Unfair Trade Practices, Business Torts and Antitrust,” Vol. 12 of the Connecticut Practice Series, just…

Read More Wiggin and Dana Attorneys Co-Author Connecticut Unfair Trade Practices, Business Torts and Antitrust, 2025-2026 ed. (Vol. 12, Connecticut Practice Series)