North America: Antitrust/Competition Law

The government's recent wave of Section 2 monopoly maintenance cases signals a significant shift in antitrust enforcement that extends well beyond Big Tech. Ronald F. Wick examines how established market leaders across healthcare, media, and other industries now face heightened scrutiny for maintaining their dominant positions through vertical integration and market power. Understanding the warning signs and compliance considerations has become essential for general counsel navigating this evolving enforcem

The Third Circuit's reversal in Cornish-Adebiyi v. Caesars Entertainment marks a pivotal moment in antitrust law, becoming the first federal appellate court to allow algorithmic price-fixing claims to proceed past dismissal. How does this decision differ from the Ninth Circuit's ruling in Gibson v. Cendyn Group, and what specific allegations about AI-enabled pricing tools proved decisive in establishing a plausible horizontal agreement among Atlantic City casino-hotels?

On July 23, 2026, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) announced sanctions targeting more than 50 Mexican individuals and entities allegedly linked...

President Trump has signed a proclamation imposing new tariffs on polysilicon and its derivatives under Section 232, establishing a minimum import price regime and additional duties on downstream products.

The Canadian International Trade Tribunal's recent decision in International Furniture Distribution Centre Ltd. v. CBSA clarifies how to determine the "exporter" in anti-dumping duty cases involving intermediaries. The ruling emphasizes that commercial substance, rather than invoice documentation alone, must guide the determination of who qualifies as the exporter under the Special Import Measures Act.

President Trump has issued three Presidential Proclamations imposing an additional 50% ad valorem duty on certain Canadian goods in the motor vehicle, dairy, and alcoholic beverage sectors, effective August 19, 2026. These retaliatory measures target what the administration characterizes as discriminatory Canadian trade practices against U.S. commerce, stacking the new duties on top of existing tariffs even for goods qualifying for USMCA preferential treatment.

The U.S. Department of Justice has withdrawn a decades-old business review letter issued to Institutional Shareholder Services, the nation's largest proxy advisor, amid growing concerns about market concentration and influence over corporate governance. This development follows state-level regulatory efforts, a Florida antitrust lawsuit, and a presidential executive order targeting the proxy advisory industry's role in promoting ESG and DEI initiatives.

Recent court rulings reveal a critical distinction in AI-based pricing litigation: whether software pools confidential competitor data. The Third Circuit's reversal in Cornish-Adebiyi v. Caesars Entertainment splits from Ninth Circuit precedent, creating uncertainty for businesses using algorithmic pricing tools. How companies structure their data sharing through pricing software may determine whether they face treble-damages exposure for alleged tacit collusion.

The Third Circuit (Cornish-Adebiyi v. Caesars Entertainment, Inc.) has now joined the Ninth Circuit (Gibson v. Cendyn Group, LLC) in evaluating dismissal of claims by casino hotel guests...