Competition Law and Antitrust Law

CareFirst's antitrust appeal against Johnson & Johnson over STELARA® patent acquisition reaches the Fourth Circuit, with parties disputing whether monopolization requires specific intent to exclude competitors. The Federal Trade Commission has weighed in with an amicus brief challenging the district court's interpretation of antitrust law standards.

Major antitrust developments from August 2026 span multiple jurisdictions, including U.S. court rulings on oil price-fixing and printer cartridge restrictions, FTC quantum computing merger reviews...

California's legislative branch has sent Assembly Bill 1776, known as the COMPETE Act, to Governor Gavin Newsom for signature, marking a significant expansion of the state's antitrust enforcement capabilities. If enacted, this legislation would empower California's Attorney General to challenge single-firm monopolistic conduct under the Cartwright Act...

The Federal Trade Commission has issued new guidance requiring auto dealers to display transparent, all-inclusive pricing in their advertisements. The guidance mandates that advertised prices must reflect the actual amount any consumer can pay, with only government-required charges excluded, and applies across all advertising media including online platforms.

The Office of the United States Trade Representative has opened its annual comment period for the 2027 National Trade Estimate Report, inviting U.S. businesses and trade associations to identify foreign barriers affecting American exports, investments, and electronic commerce. This year's request places special emphasis on duty evasion, circumvention, and transshipment practices that undermine fair trade. Submissions are due by October 29, 2026, offering stakeholders a strategic opportunity to influence U.S

The FTC's Bureau of Consumer Protection has launched a new program allowing businesses and stakeholders to identify ambiguities, conflicts, and problems with FTC rules. The Bureau may issue public guidance in response to submissions, though participation carries both opportunities and potential risks for companies.

FTC Commissioner Mark Meador advocates for reinvigorating the agency's standalone Section 5 authority to target unfair methods of competition beyond traditional antitrust violations, arguing this broader mandate represents Congress's original intent for the Commission. His remarks reignite longstanding debates over the scope of FTC enforcement powers and whether the agency should pursue conduct affecting nascent competitors even when it falls outside Sherman or Clayton Act violations.

A federal court granted Disney's motion to compel arbitration in an antitrust class action, allowing the company to invoke fuboTV's subscriber terms of service after acquiring a 70% stake in the streaming platform. The ruling demonstrates how corporate mergers can fundamentally alter litigation strategy by enabling non-signatories to enforce arbitration agreements containing "future affiliates" provisions.

On September 17, the FDIC Board of Directors approved a proposed rule that would substantially revise the agency’s framework for reviewing merger transactions under the Bank Merger Act.