Competition Law and Antitrust Law

California's new AB 1776 law prohibits single-firm monopolization and monopsonization, establishing a "substantial market power" standard that may differ from federal antitrust requirements. While significantly amended from its original version to remove private enforcement and uncertain standards, the law represents a major expansion of state antitrust authority that businesses with large market shares must carefully evaluate.

The Southern District of New York’s decision permanently enjoining Henkel’s proposed $725 million acquisition of Liquid Nails from American Industrial Partners (AIP) shows how courts may evaluate horizontal mergers of established, differentiated brands sold through concentrated retail channels. It also shows how the current FTC approaches deal challenges. The Court described Loctite and Liquid Nails as “the true behemoths of the industry.” It granted the injunction on August 14, 2026, after a seven-day trial, and released the full redacted decision on September 11.

Two healthcare providers face class action lawsuits challenging their use of anti-steering and anti-tiering contract provisions that allegedly prevent insurers from designing cost-effective healthcare plans. These follow-on cases emerge after government enforcement actions, with courts finding sufficient evidence of market power and anticompetitive effects to allow the litigation to proceed.