ABA Antitrust Law Section
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01/23/2026
[ABA Antitrust Daily Digest January 23, 2026]
Google must face consumer antitrust lawsuit over search dominance, US judge rules
(Reuters) A federal judge in California largely denied Google’s bid to dismiss a proposed consumer class action alleging it unlawfully maintained search dominance through agreements with device makers and others—claims that mirror the DOJ’s case—while barring pre-2017 claims for now but allowing plaintiffs to try to reassert them. The consumers allege Google paid partners to set it as the default search engine, stifling rivals that could offer fewer ads, more privacy, or user rewards; Google denies wrongdoing, but the judge found it plausible that smaller search engines were hindered by Google’s deals.
https://www.reuters.com/legal/government/google-must-face-consumer-antitrust-lawsuit-over-search-dominance-us-judge-rules-2026-01-22/
Netflix Chief Ted Sarandos to Testify at Senate Antitrust Hearing About Warner Bros. Deal
(Variety) Netflix co-CEO Ted Sarandos and WBD strategy chief Bruce Campbell will testify before the Senate antitrust subcommittee about Netflix’s $83 billion bid for Warner Bros.’ studios and HBO Max, amid sharp skepticism from lawmakers, rivals like Paramount Skydance, and industry groups warning of higher prices, job losses, and excessive market concentration (with critics citing a combined ~43% global streaming share). Netflix and WBD, which have filed HSR notifications and are engaging with U.S. and EU regulators, maintain the deal is pro-competition and note Netflix’s ~9% U.S. TV watchtime, while moving to an all-cash offer to strengthen the transaction.
https://variety.com/2026/tv/news/netflix-ted-sarandos-testify-senate-antitrust-hearing-warner-bros-deal-1236638165/
India antitrust probe links Tata, JSW to steel cartel via WhatsApp chats, production data
(Reuters) India’s antitrust watchdog found that Tata Steel, JSW Steel, SAIL, and RINL colluded from 2018–2023 by sharing advance pricing plans and coordinating 16–22% production cuts to restrict supply, exposing them to potential hefty fines. The findings—supported by WhatsApp chats seized in 2022 raids, market data, and RINL presentations—allege synchronized price moves among firms controlling about 44% of the market and hold senior executives liable, though the companies deny wrongdoing and regulators are still reviewing outcomes.
https://www.reuters.com/sustainability/boards-policy-regulation/india-antitrust-probe-links-tata-jsw-steel-cartel-via-whatsapp-chats-production-2026-01-23/
Exclusive: India antitrust probe links Tata, JSW to steel cartel via WhatsApp chats, production data Four major Indian steelmakers - Tata Steel, JSW Steel and state-run SAIL and RINL - disclosed their pricing plans to rivals and coordinated production cuts to reduce supplies, an antitrust investigation report seen by Reuters shows.
01/16/2026
Join us for "Health Care & Pharmaceuticals Committee Quarterly Developments (Q4 2025)" on February 18 at 12 PM EST. Register: https://lnkd.in/gmajr4eF
The Health Care & Pharmaceutical Committee hosts a quarterly update, summarizing the most important antitrust developments for Q4 2025 as we continue the transition into the second Trump administration. This webinar includes four members of the Cooley LLP team.
Sponsor: Antitrust Law Section
Co-Sponsor: Health Care and Pharmaceuticals
Speakers: Megan Browdie (Cooley LLP), David Burns (Cooley LLP), Jonas Koponen (Cooley LLP), Nicollette Kirby (Cooley LLP)
01/16/2026
[ABA Antitrust Daily Digest January 16, 2026]
Eli Lilly, Novo Hit With Antitrust Suit From Drug Compounder
(Bloomberg Law) Strive Specialties Inc., a major compounding pharmacy, sued Eli Lilly & Co. and Novo Nordisk A/S alleging they violated antitrust laws by seeking to block access to compounded GLP-1 versions of their blockbuster obesity and diabetes drugs. The suit claims the companies entered exclusive deals with telehealth providers that barred collaboration with compounding pharmacies and pressured providers and patients away from compounded alternatives, cutting off a key channel for personalized medicines.
https://news.bloomberglaw.com/health-law-and-business/eli-lilly-novo-hit-with-antitrust-lawsuit-from-drug-compounder
Justices Mull Challenge to Revived Real Estate Antitrust Claims
(Bloomberg Law) The U.S. Supreme Court asked CREXi to respond to CoStar Group’s petition seeking to overturn the Ninth Circuit’s revival of CREXi’s antitrust counterclaims in CoStar’s copyright suit. CoStar argues the ruling would let baseless antitrust claims reach costly discovery and facilitate coercive settlements, contending the panel improperly validated a “de facto” exclusive-dealing theory without actual agreements and overlooked a doctrine that would shield certain conduct.
https://news.bloomberglaw.com/ip-law/justices-mull-challenge-to-revived-real-estate-antitrust-claims
CVS Has Standing to Pursue Amitiza Antitrust Claims, Court Says
(Bloomberg Law) A federal judge in Massachusetts ruled that CVS Health and Walgreens can proceed with antitrust claims alleging Takeda delayed a generic version of Amitiza, finding the retailers have standing. Judge Myong J. Joun granted partial summary judgment by recognizing the validity of antitrust claims assigned to the retailers by national wholesalers, including Cardinal Health, despite defendants’ arguments that the contracts were boilerplate.
https://news.bloomberglaw.com/antitrust/cvs-has-standing-to-pursue-amitiza-antitrust-claims-court-says
CVS Has Standing to Pursue Amitiza Antitrust Claims, Court Says CVS Health Corp. and Walgreens Boots Alliance Inc. can proceed with antitrust claims that Takeda Pharmaceutical Co. Ltd. delayed the generic version of its anti-constipation drug Amitiza, after a district court judge said the retailers had standing.
01/14/2026
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Highlights: Register Now! 2026 Next Generation of Antitrust Scholars (https://bit.ly/3JmzwYT), Diverse Perspectives: Antitrust in a Changing World (https://bit.ly/46Huik6), Call for Mentors! Antitrust Section Mentoring Program (https://lnkd.in/gWAAQrHZ), Pitofsky & Saferstein Writing Competition (https://lnkd.in/g_SrgZG7), Hollis Salzman Memorial Scholarship (https://lnkd.in/gVnmF9sU), & more!
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