>

 

Applied Antitrust Law

Dale Collins
Georgetown University Law Center

NB: "±" indicates that the hyperlink will take you to another site.

 

Home page
Topical index
Case studies index

15. Merger risk

 

17. Price predation

 

 

16. Introduction to Unilateral Conduct Offenses

 

Reading and class notes
Significant precedents
The Moist Snuff Case
DOJ Microsoft case
FTC Google Search Engine Investigation
FTC Intel case
Reference materials
FTC: Constitutional challenges
Case studies

 
Primary Materials
Supplemental Materials

Reading and Class Notes

Reading and class notes

Unit 16 reading

Unit 16 class notes

Significant pending legislation

New York State: S. 993A. Passed NYS Senate on June 7, 2021

± Ryan Tracy, New York Senate Passes Antitrust Bill Targeting Tech Giants, WSJ.com (June 7, 2021)

Significant Precedents

Cases
 

Swift & Co. v. United States, 196 U.S. 375 (1905) (attempted monopolization)

 

United States v. United States Steel Co., 251 U.S. 417 (1920)

District court

Petition, United States v. United States Steel Co., No. Civ. 6214 (D.N.J. filed Oct. 27, 1911) (Blue Book No. 98)

Docket sheet

United States v. United States Steel Corp., 223 F. 55 (D.N.J. Jun 03, 1915)

Supreme Court

aff'd, United States v. United States Steel Co., 251 U.S. 417 (1920)

Commentary

James C. German, Jr., Taft, Roosevelt, and United States Steel, 34 The Historian 598 (1972).

 

United States v. Int'l Harvester Co., 274 U.S. 693 (1927)

District court

Petition in Equity, United States v. International Harvester Co., Eq. 624 (D. Minn. filed Apr. 30, 1912)

United States v. International Harvester Co., Eq. 624 (D. Minn. Aug. 15, 1914) (reported at 214 F. 987)

Decree (Aug. 15, 1914)

Order on Defendants' Motion to Modify (Oct. 3, 1914)

Final Decree (Nov. 2, 1918)

Supreme Court

International Harvester Co. v. United States, 248 U.S. 587 (1918) (dismissing appeal on motion of appellants)

District court

Supplemental petition (filed July 17, 1923) (seeking dissolution of the company into three parts)

United States v. International Harvester Co., Eq. 624 (D. Minn. 1926) (denying supplemental petition) (reported at 10 F.2d 827)

Supreme Court

Transcript of Record (Index)

Brief on Behalf of the United States (Oct. 7, 1926)

Brief and Argument for Appellees (Oct. 18, 1926)

Appendix to Appellees' Brief (Oct. 18, 1926)

aff'd, United States v. Int'l Harvester Co., 274 U.S. 693 (1927)

 

United States v. Aluminum Co. of Am., 148 F.2d 416 (2d Cir. 1945)

Case history

Petition, United States v. Aluminum Co. of Am., Eq, No. 85-73 (S.D.N.Y. filed Apr. 23, 1937)

Docket sheet

Prior cases

Petition, United States v. Aluminum Co. of Am., Eq, No. 159 (W.D. Pa. filed May 16, 1912)

United States v. Aluminum Co. of Am., Eq. 159 (W.D. Pa. June 7, 1912) (consent decree), reprinted in Decrees and Judgments in Federal Anti-Trust Cases: July 2, 1890-January 1, 1918, at 341 (1918).

Supplemental Decree (Oct. 25, 1922)

Commentary

± Spencer Weber Waller, The Story of Alcoa: The Enduring Questions of Market Power, Conduct, and Remedy in Monopolization Cases, in Antitrust Stories 121 (Eleanor M. Fox & Daniel A. Crane eds., 2007).

± Marc Winerman & William E. Kovacic, Learned Hand, Alcoa, and the Reluctant Application of the Sherman Act, 79 Antitrust L.J. 295 (2013).

 

United States v. Griffith, 334 U.S. 100 (1948)

District court

Complaint, United States v. Griffith Amusement Co., Civ. No. 172 (W.D. Okla. 1939)

Supreme Court

rev'd, United States v. Griffith, 334 U.S. 100 (1948)

On remand

United States v. Griffith Amusement Co.,94 F. supp. 747 (W.D. Okla. 1950)

 

United States v. United Shoe Mach. Corp., 110 F. Supp. 295 (D. Mass. 1953), aff'd, 347 U.S. 521 (1954) (per curiam)

District court

Complaint, United States v. United Shoe Mach. Corp., Civ. No. 7198 (D. Mass filed Feb. 18, 1954) (Blue Book No. 912)

Docket sheet

Supreme Court

aff'd, 347 U.S. 521 (1954) (per curiam)

 

United States v. E.I. duPont de Nemours & Co., 351 U.S. 377 (1956) ("Cellophane") (± Oyez)

District court

Complaint, United States v. E.I. duPont de Nemours & Co., Civ. No. 1216 (D. Del. filed Dec. 13, 1947) (Blue Book No. 911)

United States v. E.I. duPont de Nemours & Co., 118 F. supp. 41 (D. Del. 1951)

Supreme Court

 

 

United States v. Grinnell Corp., 384 U.S. 563 (1966) (± Oyez)

District court

Complaint, United States v. Grinnell Corp., Civ. No. 2785 (D.R.I. filed Apr. 13, 1961) (Blue Book No. 1606)

United States v. Grinnell Corp., 236 F.Supp. 244 (D.R.I. 1964)

Supreme Court

aff'd, United States v. Grinnell Corp., 384 U.S. 563 (1966)

 

Spectrum Sports, Inc. v. McQuillan, 506 U.S. 447 (1993) (± Oyez)

District court

Second Amended Complaint, McQuillan v. Sorbothane, Inc., No. 84-1585-E(CM) (S.D. Cal. filed July 21, 1986) (from Supreme Court Transcript of Record)

Defendants' Proposed Jury Instructions

Final instructions (for attempt to monopolize)

Special Verdict Form (July 11, 1988)

Memorandum Decision, McQuillan v. Sorbothane, Inc., No. 84-1585-E(CM) (S.D. Cal. Jan. 19, 1988) (from Supreme Court Transcript of Record)

Order (Jan. 19, 1988) (from Supreme Court Transcript of Record)

Notice of Appeal (Jan. 13, 1989) (from Supreme Court Transcript of Record)

Ninth Circuit

McQuillan v. Sorbothane, Inc., 907 F.2d 154 (9th Cir. July 3, 1990) (unpublished)

Supreme Court

Petition for Certiorari

Petition for a Writ of Certiorari (July 1, 1991)

Brief for the United States as Amicus Curiae (Feb. 27, 1992)

Merits

Joint Appendix (Index)

Brief for Petitioners (May 28, 1992)

Brief for the Untied States as Amicus Curiae Supporting Petitioners (May 27, 1992)

Brief on the Merits by Respondents (June 26, 1992)

Reply Brief for Petitioners (July 24, 1992)

rev'd, Spectrum Sports, Inc. v. McQuillan, 506 U.S. 447 (Jan. 25, 1993)

On remand

McQuillan v. Sorbothane, Inc., 23 F.3d 1531 (9th Cir. May 6, 1994) (No. 89-55326, 89-55329, 89-55332)

DOJ Section 2 Report

U.S. Dep’t of Justice, Competition and Monopoly: Single-Firm Conduct under Section 2 of the Sherman Act (issued by the Bush administration on Sept. 11, 2008) (withdrawn by the Obama administration on May 11, 2009).

Chapter 1: Single-Firm Conduct and Section 2 of the Sherman Act: An Overview
Chapter 2: Monopoly Power
Chapter 3: General Standards for Exclusionary Conduct

 

DOJ Section 2 Report

DOJ Section 2 Report

U.S. Dep't of Justice, Competition and Monopoly: Single-Firm Conduct under Section 2 of the Sherman Act (Sept. 2008) (± DOJ news release) (executive summary)

± Fed. Trade Comm'n, Press Release, FTC Commissioners React to Department of Justice Report, “Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act" (Sept. 8, 2008).

Statement of Commissioners Harbour, Leibowitz, and Rosch (Sept. 8. 2008)

Statement of Chairman Kovacic (Sept. 8, 2008)

Press Release, U.S. Dep't of Justice, Justice Department Withdraws Report on Antitrust Monopoly Law (May 11, 2009)

 

± J. Thomas Rosch, Comm'r, Fed. Trade Comm'n, Thoughts on the Withdrawal of the DOJ Section 2 Report, Remarks Before the IBA/ABA Conference on Antitrust in a Global Economy, New York, New York (June 25, 2009)

Hearings and working papers

± FTC web site on hearings and working papers

± DOJ web site on meetings, hearing transcripts, and speeches

Speeches

Thomas O. Barnett & Hill B. Wellford, The DOJ's Single-Firm Conduct Report: Promoting Consumer Welfare Through Clearer Standards for Section 2 of the Sherman Act (Oct. 2008)

Commentary:

± William Kolasky, The Justice Department's Section 2 Report: A Mixed Review, Antitrust Source, Oct. 2008.

The Moist Snuff Case

Complaint

Complaint, Conwood Company, L.P. v. United States Tobacco Co., No. 5:98-cv-108-R (W.D. Ky. filed Apr. 22, 1998)

Docket Sheet (downloaded Oct. 23, 2009) (case terminated Mar. 29, 2000)

Summary judgment

Memorandum, Opinion and Order denying defendant's motion for summary judgment (W.D. Ky. Feb. 17, 2000)

 
Judgment

Jury verdict in favor of plaintiff

JUDGMENT: by Judge Thomas B. Russell the Ct enters jgm in favor of plas Conwood, et al in the amt of $1,050,000,000, treble the jury verdict of $350,000,000 dismissing case (faxed: all counsel) [Entry Date: 3/29/00] (KJI) Modified on 03/29/2000 (Entered: 03/29/2000)

NB: The judgment apparently was stayed pending the exhaustion of appeals, but post-judgment interest continued to run. In January 2003, UST paid $1.262 billion to Conwood. See UST Inc., Form 10-K for the period ending Dec. 31, 2002, at 65 (filed Feb. 24, 2003)

Jury instructions

JMOL

Memorandum Opinion denying defendants' motion for jmol (W.D. Ky. Aug. 10, 2000) (reported at 2000 WL 33176054)

 
Injunctive relief

Memorandum Opinion granting plaintiff's motion for permanent injunctive relief (W.D. Ky. Aug. 10, 2000) (2000 WL 33176057)

 
Appeal

Memorandum Opinion re supersedeas bond (W.D. Ky. Aug. 10, 2000)

Conwood Company, L.P. v. United States Tobacco Co., No. 00-6267 (6th Cir. May 15, 2002) (reported at 290 F.3d 768) (affirming jury verdict)

Sixth Circuit docket sheet (No. 00-6267) (downloaded June 21, 2014)

Petition for Certiorari
 

Petition for Writ of Certiorari (Oct. 17, 2002)

Brief for Respondents in Opposition (Nov. 20, 2002)

Brief of the American Wholesale Marketers Association as Amicus Curiae in Support of Petitioners (Nov. 20, 2002)

Motion for Leave to File Brief and Brief of Washington Legal Foundation, Stephen E. Fienberg, Franklin M. Fisher, Daniel L. McFadden, and Daniel L. Rubinfeld as Amici Curiae in Support of Petitioners (No v. 20, 2002)

Reply Brief for Petitioners (Dec. 2, 2002)

Order (Nov. 13, 2003) (denying petition for certiorari)

Commentary
 

± Joshua D. Wright, Antitrust Analysis of Category Management: Conwood V. United States Tobacco Co. (George Mason University Law and Economics Research Paper Series No. 06-38, 2009), final version at 17 Sup. Ct. Econ. Rev. 311 (2009).

± Josh Wright, The Aftermath of a Type I Error: The Case of Conwood Co. v. United States Tobacco, Truth on the Market.com (Oct. 17, 2007)

DOJ Microsoft Case

DOJ contempt case
   
DOJ monopolization case
   
—District court

Complaint, United States v. Microsoft Corp., Civ. A. No. 98-1232 (D.D.C. filed May 18, 1998)

Assigned to Judge Thomas Penfield Jackson

United States v. Microsoft Corp., Civ. A. No. 98-1232 (D.D.C. Nov. 5, 1999) (findings of fact) (reported at 84 F. Supp. 2d 9)

United States v. Microsoft Corp., Civ. A. No. 98-1232 (D.D.C. Apr. 3, 2000) (conclusions of law) (reported at 87 F. Supp. 2d 30)

United States v. Microsoft Corp., Civ. A. No. 98-1232(D.D.C. June 7, 2000) (remedy) (reported at 97 F. Supp. 2d 59)

Final Judgment

± DOJ web page

YouTube has the video of the Gates deposition. Start ± here and then follow the thread. (The heading says United States v. Microsoft Trial, but it is really the deposition.)

State case

New York. v. Microsoft Corp., No. 98-1233 (D.D.C. filed May 18, 1998) (subsequently consolidated with DOJ case for pretrial and trial)

—D.C. Circuit

± United States v. Microsoft Corp., No. 00-5212 (D.C. Cir. 2001) (en banc) (reported as 253 F.3d 54), aff'g in part, rev'g in part, vacating remedy in full, and remanding in part, 87 F. Supp. 2d 30 (D.D.C. 2000)

Also ordering the case to be assigned to a new district judge

 
—Petition for writ of certiorari

 

 
—DOJ settlement

Reassigned to Judge Collen Kollar-Kotelly

United States v. Microsoft Corporation; Revised Proposed Final Judgment and Competitive Impact Statement, 66 Fed. Reg. 59,452 (Nov. 28, 2001)

United States v. Microsoft Corporation; Public Comments, 67 Fed. Reg. 23,654 (May 3, 2002)

United States v. Microsoft Corp., 215 F. Supp. 2d 1 (D.D.C. 2002)

Opinion, United States v. Microsoft Corp., No. Civ. A. No. 98-1232 (D.D.C. Nov. 12, 2002) (reported at 231 F.Supp.2d 144) (final consent decree)

Final Judgment, United States v. Microsoft Corp., No. Civ. A. No. 98-1232 (D.D.C. Nov. 12, 2002) (for settling plaintiffs United States, Illinois, Kentucky, Louisiana, Maryland, Michigan, New York, North Carolina, Ohio, and Wisconsin)

 

Settling plaintiff states

Memorandum Opinion, New York v. Microsoft Corp., Civ. A. No. 98-1233 (CKK) (D.D.C. Nov. 1, 2012) (approving joining of New York, Ohio, Illinois, Kentucky, Louisiana, Maryland, Michigan, North Carolina, and Wisconsin to DOJ settlement)

Order (Nov. 1, 2012)

 

—Appeal of settlement

aff'd in part and rev'd in part sub nom, Massachusetts v. Microsoft Corp., No. 02-7155 (D.C. Cir. June 30, 2004) (reported at 373 F.3d 1199 (D.C. Cir. 2004)

 
—Trial on remedy for nonsettling plaintiffs

Plaintiff Litigating States’ Remedial Proposals (Dec. 7, 2001)

Proposed Final Judgment (Dec. 7, 2001)

New York v. Microsoft Corp., Civ. A. No. 98-1233 (CKK) (D.D.C. Nov. 1, 2002) (reported at 224 F. Supp. 2d 76)

Final Judgment (Nov. 1, 2002)

Executive Summary (Nov. 1, 2002)

aff'd sub nom. Massachusetts v. Microsoft Corp., 373 F.3d 1199 (D.C.Cir. Jun 30, 2004) (Nos. 02-7155, 03-5030)

 
Commentary
 

± William H. Page, Microsoft and the Limits of Antitrust (University of Florida Legal Studies Research Paper No. 2009-40, 2009), final version at 6 J. Competition L. & Econ. 33 (2009)

± A. Douglas Melamed & Daniel Rubinfeld, U.S. v. Microsoft: Lessons Learned and Issues Raised, in Antitrust Stories 287 (Eleanor M. Fox & Daniel A. Crane eds., 2007)

± Daniel L. Rubinfeld, Maintenance of Monopoly: U.S. v. Microsoft (2001), in The Antitrust Revolution 530 (John E. Kwoka, Jr. & Lawrence J. White eds., 5th ed., 2009)

± Carl Shapiro, Microsoft: A Remedial Failure, 75 Antitrust L.J. 739 (2009)

± David S. Evans, Albert L. Nichols & Richard Schmalensee, U.S. v. Microsoft: Did Consumers Win? (NBER Working Paper No. 11727, Oct. 2005)

± Franklin M. Fisher & Daniel L. Rubinfeld, U.S. v. Microsoft - An Economic Analysis, Antitrust Bull., Spring 2001, at 1.

± Richard J. Gilbert & Michael L. Katz, An Economist's Guide to U.S. v. Microsoft, 15 J. Econ. Perspectives 25 (2001)

± Benjamin Klein, The Microsoft Case: What Can a Dominant Firm Do to Defend Its Market Position?, 15 J. Econ. Perspectives 45 (2001)

± Michael Whinston, Exclusivity and Tying in U.S. v. Microsoft: What We Know, and Don't Know, 15 J. Econ. Perspectives 63 (2001)

± Timothy F. Bresnahan, A Remedy that Falls Short of Restoring Competition, Antitrust, Fall 2001, at 67.

Videos:

± US v Microsoft: 10 Years Later - David Boies

FTC Google Search Engine Investigation

FTC investigation

FTC Bureau of Competition complaint recommendation (Aug. 8, 2012) (redacted)
Note: This document was inadvertently released to the Wall Street Journal in response to an FOIA request

Fed. Trade Comm'n, Press Release, Google Agrees to Change Its Business Practices to Resolve FTC Competition Concerns In the Markets for Devices Like Smart Phones, Games and Tablets, and in Online Search (Jan. 3, 2013)

Letter to Jon Leibowitz, Chairman, Fed. Trade Comm'n from David Drummond, Senior Vice President of Corporate Development and Chief Legal Officer, Google Inc. (Dec. 27, 2012)

Statement of the Federal Trade Commission Regarding Google’s Search Practices, In the Matter of Google Inc., FTC File Number 111-0163 (Jan. 3, 2013)

Concurring and Dissenting Statement of Commissioner J. Thomas Rosch Regarding Google's Search Practices, In the Matter of Google Inc., FTC File Number 111-0163 (Jan. 3, 2013)

Statement of Commissioner Maureen K. Ohlhausen, In the Matter of Google Inc., FTC File Number 111-0163 (Jan. 3, 2013)

± FTC web page

± Google Inc., Official Blog, The Federal Trade Commission Closes its Antitrust Review (Jan. 3, 2013)

The Power of Google: Serving Consumers or Threatening Competition?: Hearing Before the Subcomm. on Antitrust, Competition Policy and Consumer Rights of the S. Comm. on the Judiciary, S. Hrg. 112–168, 112th Cong. (2011).

± Subcommittee web cast

Testimony of Eric Schmidt, Executive Chairman, Google Inc. (Sept. 21, 2011)

± Google Inc., Facts about Google and Competition: A Guide to the Senate Judiciary Hearing (Sept. 19, 2011)

 

Commentary

 

± Amir Efrati & Brent Kendall, Google Dodges Antitrust Hit, WSJ.com, Jan. 3, 2013

± Brody Mullins, Rolfe Winkler & Brent Kendall, Inside the U.S. Antitrust Probe of Google, WSJ.com, Mar. 19, 2015.

± Rolfe Winkler & Brent Kendall, Excerpts from FTC Staff Report on Google’s Search Practices, WSJ.com, Mar. 19, 2015

± Rolfe Winkler, Google Avoided FTC Probe but Others Loom, WSJ.com, Mar. 19, 2015

+ Brody Mullins, Google Makes Most of Close Ties to White House, WSJ.com, Mar. 24, 2015.

EU investigation

European Comm'n, Press release, Antitrust: Commission probes allegations of antitrust violations by Google (Nov. 30, 2010)

European Comm'n, Press release, Antitrust: Commission sends Statement of Objections to Google on comparison shopping service; opens separate formal investigation on Android (Apr. 15, 2015)

European Comm'n, Fact Sheet, Antitrust: Commission sends Statement of Objections to Google on comparison shopping service (Apr. 15, 2015)

Statement by Commissioner Vestager on antitrust decisions concerning Google (Apr. 15, 2015)

Android investigation

European Comm'n, Fact Sheet, Antitrust: Commission opens formal investigation against Google in relation to Android mobile operating system (Apr. 15, 2015)

Commentary
 

± Richard Waters, Christian Oliver & Alex Barker, How Google Found Itself ‘on the Wrong Side of History, FT.com, Apr. 17, 2015.

FTC Intel Monopolization Case

Complaint

Administrative Complaint, In re Intel Corp., No. 9341 (F.T.C. filed Dec. 16, 2009)

Fed. Trade Comm'n, News Release, FTC Challenges Intel's Dominance of Worldwide
Microprocessor Markets
(Dec. 16, 2009)

Statement of Chairman Leibowitz and Commissioner Rosch

Concurring and Dissenting Statement of Commissioner Rosch

Docket Sheet (downloaded Sept. 5, 2014)

Answer of Respondent Intel Corporation

± FTC web page

Consent decree

Fed. Trade Comm'n, News Release, FTC Settles Charges of Anticompetitive Conduct Against Intel (Aug. 4, 2010)

Agreement Containing Consent Order (Aug. 4, 2010)

Decision and Order (Aug. 4, 2010)

Analysis of Proposed Consent Order to Aid Public Comment (Aug. 4, 2010)

Order Withdrawing Matter from Adjudication for the Purpose of Considering a Proposed Consent Agreement (June 21, 2010)

 

Fed. Trade Comm'n, News Release, FTC Approves Modified Intel Settlement Order (Nov. 2, 2010)

Decision and Order (Nov. 2, 2010) (final order as modified following public comment)

Commentary
 

± Wall St. J., Editorial, The 100 Years Chip War, Dec. 18, 2009.

± Dominick T. Armentano, FTC's Dismal History of Antitrust Attacks, Wall St. J., Letter to the Editor, Dec. 23, 2009.

± Josh D. Wright, Armentano in the WSJ, Abolition and Antitrust Fairy Tales, Truth on the Market.com, Dec. 28, 2009.

± Joshua D. Wright, Does Antitrust Enforcement In High Tech Markets Benefit Consumers? Stock Price Evidence from FTC V. Intel (Oct. 22, 2010)

± Joseph Farrell, Janis K. Pappalardo & Howard Shelanski, Economics at the FTC: Mergers, Dominant]Firm Conduct, and Consumer Behavior (____), final version at 37 Rev. Indus. Org. 263 (2010).

± Lona Fowdur, The Intel-AMD Antitrust Suits: Economic Issues and Implications (2010).

± Daniel A. Crane, Reflections on Section 5 of the FTC Act and the FTC’s Case against Intel (Jan. 19, 2010).

± Herbert Hovenkamp, The FTC’s Anticompetitive Pricing Case Against Intel (2010).

± Daniel A. Crane, Predation Analysis and the FTC’s Case against Intel (may 25, 2010).

Reference Materials

Other interesting foreclosure cases

Coalition for ICANN Transparency, Inc. v. VeriSign, Inc., No. 07-16151 (9th Cir. June 5, 2009) (reversing and remanding dismissal of complaint) (reported at 567 F.3d 1084)

Docket sheet, Coalition for ICANN Transparency, Inc. v. VeriSign, Inc., No. 5:05-cv-04826-RMW (N.D. Cal. filed Nov. 28, 2005) (downloaded Apr. 4, 2010)
Second amended complaint (Dec. 28, 2006)
Order Granting Verisign's Motion to Dismiss Second Amended Complaint (May 14, 2007)

Complaint, In re Transitions Optical, Inc., No. C-4288 (F.T.C. filed Mar. 3, 2010) (± FTC web page) (industry structure illustration)

Agreement Containing Consent Order (Mar. 3, 2010)
Analysis To Aid Public Comment (Mar. 3, 2010)
News release (Mar. 3, 2010)
Final Decision and Order (Apr. 27, 2010)

Enforcement policy

± Jonathan B. Baker, Preserving a Political Bargain: The Political Economy of the Non-Interventionist Challenge to Monopolization Enforcement, 76 Antitrust L.J. 605 (2010).

Single firm conduct generally

± Dennis W. Carlton & Ken Heyer, Appropriate Antitrust Policy Towards Single-Firm Conduct (Economic Analysis Group Discussion Paper No. EAG 08-2, Mar. 2008)

± Jonathan M. Jacobson, Towards a Consistent Antitrust Policy for Unilateral Conduct, Antitrust Source, Feb. 2009

± Keith N. Hylton, The Law and Economics of Monopolization Standards. Antitrust Law and Economics (Boston Univ. School of Law Working Paper No. 08-18, 2009).

Proving monopoly power/dominance

± Organisation for Economic Co-operation and Development, Directorate for Financial and Enterprise Affairs Competition Committee, Evidentiary Issues in Proving Dominance (DAF/COMP(2006)35, Oct. 9, 2008).

Economics of foreclosure

± Patrick Rey & Jean Tirole, A Primer on Foreclosure (Jan. 30, 2006), final version published in 3 Handbook of Industrial Organization 2145 (Mark Armstrong & Robert H. Porter eds., 2007)

± Hans-Theo Normann, Equilibrium Vertical Foreclosure in the Repeated Game (Jan. 14, 2005)

Janusz A. Ordover, Garth Saloner & Steven C. Salop, Equilibrium Vertical Foreclosure, 80 Am. Econ. Rev. 127 (1990)

David Reiffen, Equilibrium Vertical Foreclosure: Comment, 82 Am. Econ. Rev. 694 (1992)

Janusz A. Ordover, Garth Saloner & Steven C. Salop, Equilibrium Vertical Foreclosure: Reply, 82 Am. Econ. Rev. 698 (1992)

Steven C. Salop & David T. Scheffman, Raising Rivals' Costs, 73 Am. Econ. Rev. 267 (1983).

Exclusionary acts
 
—Unilateral secondary boycotts

Complaint, In re Pool Corp., ____ (FTC filed Nov. 21, 2011)

Statement of Commissioner Brill, Chairman Leibowitz, and Commissioner Ramirez (Nov. 21, 2011)

Dissenting Statement of Commissioner Rosch (Nov. 21, 2011)

Agreement Containing Consent Order to Cease and Desist (Nov. 21, 2011)

Decision and Order (Nov. 21, 2011)

Analysis To Aid Public Comment (Nov. 21, 2011)

—Direct refusals to deal

Aspen Skiing Co. v. Aspen Highlands Skiing Corp., 472 U.S. 585 (1985) (± Oyez) (jury instructions)

± Warren S. Grimes, A Tale of Two Ski Towns: New Perspectives on a Dominant Firm’s Refusal to Deal with a Rival (Southwestern Law School Working Paper No. 1021, Aug. 9, 2010).

Jeffrey T. Macher & John W. Mayo, Making a Market out of a Mole Hill? Geographic Market Definition in Aspen Skiing, __ J Competition L & Econ. ___ (2010).

George Priest & Jonathan Lewinsohn, Aspen Skiing: Product Differentiation and Thwarting Free Riding as Monopolization, in Antitrust Stories 229 (Eleanor M. Fox & Daniel A. Crane eds., 2007)

± Robert Pitofsky, The Essential Facilities Doctrine Under United States Antitrust Law, submitted to the European Commission in support of National Data Corporation in its essential facilities case against IMS.

—Exclusion through exclusive dealing

See Unit 15: Exclusive Contracts

—Exclusion through false advertising

Innovation Ventures, LLC v. N.V.E., Inc., Nos. 10-2353, 10-2355 (6th Cir. Sept. 13, 2012) (reported as 694 F.3d 723)

American Council of Certified Podiatric Physicians & Surgeons v. American Bd. of Podiatric Surgery, No. 01-1578 (6th Cir. Mar. 11, 2003) (reported as 323 F.3d 366)

—Monopoly leveraging

Verizon Commc'ns Inc. v. Law Offices of Curtis V. Trinko, LLP, 540 U.S. 398 (2004)

Brief for the United States and the Federal Trade Commission as Amici Curiae Supporting Petitioner

—Exclusion through innovation

Allied Orthopedic Appliances Inc. v. Tyco Health Care Group LP, Nos. 08-56314, 08-56315 (9th Cir. Jan. 6, 2010) (reported at 592 F.3d 991)

± Berkey Photo, Inc. v. Eastman Kodak Co., 603 F.2d 263 (2d Cir. 1979)

See Steven Brill,. When A Lawyer Lies, Esquire, Dec. 19, 1975, at 23

C. Evan Stewart, The Associate’s Dilemma: Joe Fortenberry, Mahlon Perkins, and the Kodak Antitrust Trial, Fed. B. Council Q., Jun./Jul./Aug. 2021, at 26.

± In re Indep. Serv. Org. Antitrust Litig., 203 F.3d 1322 (Fed. Cir. 2000)

Commentary:

± Thomas J. Horton, Innovation and Antitrust: An Evolutionary and Historical Perspective, in Concurrences: Herbert Hovenkamp Libor Amicorum: The Dean of American Antitrust Law 229 (Nicolas Charbit & Sébastien Gachot eds., 2021).

± Suzanne Van Arsdale & Cody Venzke, Predatory Innovation In Software Markets, 29 Harv. J. L. & Tech. 243 (2015).

± Ilya Segal & Michael D. Whinston, Antitrust in Innovative Industries, 97 Am. Econ. Rev. 1703 (2007).

—Indirect technological exclusion

First Amended Complaint for Declaratory and Injunctive Relief, Book House of Stuyvesant Plaza, Inc. v. Amazon.Com, Inc., No. 1:13-cv-01111-JSR (S.D.N.Y. filed Mar. 23, 2013) (original complaint filed Feb. 15, 2013)

Docket sheet (downloaded Mar. 26, 2013)

Opinion and Order (Dec. 6, 2013) (dismissing complaint)

Judgment (Dec. 10, 2013)

—"Product hopping"

Actavis "product hopping" case (NY 2014)

In re Suboxone (Buprenorphine Hydrochloride & Nalaxone) Antitrust Litig., 421 F. Supp. 3d 12, 31 (E.D. Pa. 2019), aff'd sub nom. In re Suboxone (Buprenorphine Hydrochlorine & Naloxone) Antitrust Litig., 967 F.3d 264 (3d Cir. 2020)

—Commentary

Mark S. Popofsky, Defining Exclusionary Conduct, 73 Antitrust L.J. 435 (2006).

Thomas G. Krattenmaker & Steven C. Salop, Anticompetitive Exclusion: Raising Rivals' Costs to Achieve Power over Price, 96 Yale L.J. 209 (1986).

Digital markets

General

± Inframarginalism & Internet: The Distributive Perspective on Internet Governance (February 18-19, 2021) (including video links)

Majority Staff of the Subcomm. on Antitrust, Commerical & Administrative Law of the H. Comm. on the Judiciary, 116th Cong., Investigation of Competition in Digital Markets (Oct. 2020)

UK Competition & Markets Auth., Online Platforms and Digital Advertising: Market Study Final Report (July 1, 2020)

N. McCarty, G. Rolnik, F. Scott Morton and L. Strahilevitz, Stigler Committee on Digital Platforms—Final Report (September 2019) (Stigler Report)

M. Schallbruch, H. Schweitzer & A. Wambach, A New Competition Framework for the Digital Economy— Report by te Commission 'Competition Law 4.0' (Sept. 2019) (German Competition Law 4.0 Report).

I. Lianos & A. Ivanov, Digital Era Competition: A BRICS View (September 2019) (BRICS Report).

Australian Competition and Consumer Commission, Digital Platforms Inquiry—Final Report (July 2019).

Unlocking Digital Competition: Report of the Digital Competition Expert Panel (Mar. 2019) (UK "Furman Report")

Jacques Cremer, Yves-Alexandre De Montjoye, & Hieke Schweitzer, Competition, Competition Policy for the Digital Era (report prepared for the European Commission 2019)

Nikolas Guggenberge, Essential Platforms, __ Stan. Tech. L. Rev. (forthcoming) (2020)

± Nikolas Guggenberger, Essential Platform Monopolies: Open Up, Then Undo, Promarket.org (Dec. 7, 2020)

Facebook

Seth G. Benzell & Avinash Collis, How to Govern Facebook: A Structural Model for Taxing and Regulating Big Tech (Aug. 2020)

Przemyslaw Palka, The World of Fifty (Interoperable) Facebooks (2020)

 

Horizontality requirement

NYNEX Corp. v. Discon, Inc., 525 U.S. 128 (1998) (± Oyez)

Injunctive relief

Noah Joshua Phillips, Comm'r, Fed. Trade Comm'n, We Need To Talk: Toward A Serious Conversation about Breakups, Prepared Remarks befre the Hudson Institute, Washington, D.C. (Apr. 30, 2019)

Damages

Chiara Fumagalli, Jorge Padilla & Michele Polo, Damages for Exclusionary Practices: A Primer (Mar. 1, 2010).

Criminal enforcement

American Tobacco Co. v. United States, 328 U.S. 781 (1946)

Information, United States v. American Tobacco Co., Crim. No. 6670 (E.D. Ky filed July 24, 1940)

Use of FTC Act § 5
—FTC policy

Cases:

FTC v. Sperry & Hutchinson Co., 405 U.S. 233 (1972) (scope of Section 5)
± Official Airline Guides, Inc. v. FTC, 630 F.2d 920 (2d Cir. 1980)
± E.I. du Pont de Nemours & Co. v. FTC, 729 F.2d 128 (2d Cir. 1984), vacating 101 F.T.C. 425 (1983) (Ethyl)
± Boise Cascade Corp. v. FTC, 837 F.2d 1127 (D.C. Cir. 1988)

2015 FTC Policy Statement (withdrawn 2021)

Fed. Trade Comm'n, Statement of Enforcement Principles Regarding “Unfair Methods of Competition” Under Section 5 of the FTC Act (Aug. 13, 1995)

Statement of the Federal Trade Commission on the Issuance of Enforcement Principles Regarding “Unfair Methods of Competition” under Section 5 of the FTC Act (August 13, 2015)

Dissenting Statement Of Commissioner Maureen K. Ohlhausen (August 13, 2015)

Press Release, Fed. Trade Comm’n, FTC Rescinds 2015 Policy that Limited Its Enforcement Ability under the FTC Act (July 1, 2021).

Statement of Chair Lina M. Khan Joined by Commissioner Rohit Chopra and Commissioner Rebecca Kelly Slaughter on the Withdrawal of the Statement of Enforcement Principles Regarding “Unfair Methods of Competition” Under Section 5 of the FTC Act (July 1, 2021)

Remarks of Chair Lina M. Khan on the Withdrawal of the Statement of Enforcement Principles Regarding “Unfair Methods of Competition” Under Section 5 of the FTC Act (July 1, 2021)

Remarks of Commissioner Noah Joshua Phillips (July 1, 2021)

Dissenting Statement of Commissioner Christine S. Wilson (July 1, 2021)

± FTC video of July 1, 2021, open meeting

Commentary:

Christine S. Wilson, Comm'r, Fed. Trade Comm'n, The Neo-Brandeisian Revolution: Unforced Errors and the Diminution of the FTC, Prepared Remarks before the ABA Antitrust Law Section's 2021 Fall Forum (Nov. 9, 2021)

± Steven C. Salop & Charlotte Slaiman, A New Section 5 Policy Statement Can Help the FTC Defend Competition, Public Knowledge (July 20, 2021)

Joshua D. Wright, Comm'r, Fed. Trade. Comm'n, Proposed Policy Statement Regarding Unfair Methods of Competition under Section 5 of the Federal Trade Commission Act (June 19, 2013).

Joshua D. Wright, Comm'r, Fed. Trade. Comm'n, Section 5 Recast: Defining the Federal Trade Commission’s Unfair Methods of Competition Authority (June 19, 2013).

Maureen K. Ohlhausen, Comm'r, Fed. Trade. Comm'n, Section 5: Principles of Navigation, Remarks Before the U.S. Chamber of Commerce (July 25, 2013).

± Maurice Stucke, A Response to Commissioner Wright’s Proposed Policy Statement Regarding Unfair Methods of Competition,Competition Pol'y Int'l, Sept. 16, 2013.

± Steven C. Salop, Guiding Section 5: Comments on the Commissioners (2013).

Letter to Chairwomen Edith Ramirez from Republican Congressmen (Oct. 23, 2013).

Edith Ramirez, Chairwomen, Fed. Trade Comm'n, Unfair Methods and the Competitive Process: Enforcement Principles for the Federal Trade Commission’s Next Century, Keynote Address to the Competition Law & Economics Symposium for International Competition Officials, George Mason University School of Law (Feb. 13, 2014)

± J. Thomas Rosch, Comm'r, Fed. Trade Comm'n, The Great Doctrinal Debate: Under What Circumstances is Section 5 Superior to Section 2?, Remarks Before the New York State Bar Association Annual Antitrust Conference, New York City (Jan. 27, 2011).

± William E. Kovacic & Marc Winerman, Competition Policy and the Application of Section 5 of the Federal Trade Commission Act, 76 Antitrust L.J. 929 (2010).

Herbert J. Hovenkamp, The Federal Trade Commission and the Sherman Act, 62 Fla. L. Rev. 871 (2010).

± William E. Kovacic, Comm'r, Fed. Trade Comm'n, The Application of Section 5 of the Federal Trade Commission Act, PowerPoint presentation to the ABA Fall Forum, Washington, D.C. ( Nov. 12, 2009).

± J. Thomas Rosch, Comm'r, Fed. Trade Comm'n, Wading Into Pandora’s Box: Thoughts on Unanswered Questions Concerning the Scope and Application of Section 2 & Some Further Observations on Section 5, Remarks Before the LECG Newport Summit on Antitrust Law & Economics (Oct. 3, 2009).

± Susan A. Creighton & Thomas G. Krattenmaker, Appropriate Role(s) for Section 5, Antitrust Source, Feb. 2009.

± Albert A. Foer, Section 5 as a Bridge Toward Convergence, Antitrust Source, Feb. 2009.

± Robert H. Lande, Revitalizing Section 5 of the FTC Act Using “Consumer Choice” Analysis, Antitrust Source, Feb. 2009.

± Thomas B. Leary, A Suggestion for the Revival of Section 5, Antitrust Source, Feb. 2009.

± William H. Page, The FTC’s Procedural Advantage in Discovering Concerted Action, Antitrust Source, Feb. 2009.

Michael Pertschuk, Stoning The National Nanny: Congress And The Ftc In The Late 70's, in The Rise and Pause of the Consumer Movement (Nov. 11, 1981) (Lecture III)

Neil W.. Averitt, The Meaning of “Unfair Methods of Competition” in Section 5 of the Federal Trade Commission Act, 21 B.C. L. Rev. 227 (1980).

Control of Corporations, Persons, and Firms Engaged in Interstate Commerce, S. Rep. No. 62-1326 (1913) (Cummins Report).

Chevron deference

± Justin (Gus) Hurwitz, Chevron and the Limits of Administrative Antitrust (Dec. 24, 2013).

FTC competition rule-making

Noncompetition covenants rulemaking

Proposed rule (Jan. 5, 2023) (add new subchapter J, consisting of part 910)

Notice of Proposed Rulemaking, Non-Compete Clause Rule, 88 Fed. Reg. 3482 (Jan. 19, 2023)

Comments must be received on or before March 20, 2023

Press Release, Fed. Trade Comm'n, FTC Proposes Rule to Ban Noncompete Clauses, Which Hurt Workers and Harm Competition (Jan. 5, 2023)

Fact sheet (Jan. 5, 2023)

Statement of Chair Lina M. Khan Joined by Commissioner Rebecca Kelly Slaughter and Commissioner Alvaro M. Bedoya Regarding the Notice of Proposed Rulemaking to Restrict Employers’ Use of Noncompete Clauses (Jan. 5, 2023)

Statement of Commissioner Slaughter Joined by Commissioner Alvaro M. Bedoya On the Notice of Proposed Rulemaking on Non-Compete Clauses (Jan. 5, 2023)

Dissenting Statement of Commissioner Christine S. Wilson Regarding the Notice of Proposed Rulemaking for the Non-Compete Clause Rule (Jan. 5, 2023)

Final Rule (Apr. 23, 2024; effective Sept. 4, 2024)

Press Release, Fed. Trade Comm'n, FTC Announces Rule Banning Noncompetes (Apr. 23, 2024)

Remarks of Commissioner Rebecca Kelly Slaughter Supporting the Final Rule Banning Noncompete Agreements (Apr. 23, 2024)

Oral Statement of Commissioner Alvaro M. Bedoya on the FTC’s Issuance of the Non-Compete Clause Rule (Apr. 23, 2024)

Oral Statement of Commissioner Melissa Holyoak (Apr. 23, 2024)

Oral Statement of Commissioner Andrew N. Ferguson (Apr. 24, 2024)

Dissenting Statement of Commissioner Andrew N. Ferguson, joined by Commissioner Melissa Holyoak, In the Matter of the Non-Compete Clause Rule (June 28, 2024)

Non-Compete Clause Rule, 89 Fed. Reg. 38342 (May 7, 2024)

 

N.D. Tex.

Complaint, Ryan, LLC v. FTC, Civ. Action No. 3:24-cv-986 (N.D. Tex. Apr. 23, 2024)

Amended Complaint, LLC v. FTC, Civ. Action No. 3:24-cv-986 (N.D. Tex. May 1, 2024)

Ryan, LLC’s Motion for Stay of Effective Date and Preliminary Injunction (May 1, 2024)

Ryan, LLC’s Brief in Support of Motion for Stay of Effective Date and Preliminary Injunction (May 1, 2024)

 

 

[Motion to Intervene] [ECF No. 23]

Brief in Support of Unopposed Motion To Intervene as Plaintiffs (May 8, 2024) (filed by the Chamber of Commerce of the United States of America, Business Roundtable, Texas Association of Business, and Longview Chamber of Commerce)

Order (May 9, 2024) (granting motion to intervene)

Plaintiff-Intervenors’ Complaint for Declaratory and Injunctive Relief (May 9, 2024)

Plaintiff-Intervenors’ Opposed Motion for Stay of Effective Date and Preliminary Injunction (May 10, 2024) [ECF No. 46]

Brief of Amici Curiae National Retail Federation, National Federation of Independent Business Small Business Legal Center, Inc., International Franchise Association, Associated Builders and Contractors, Inc., American Hotel & Lodging Association, National Association of Wholesaler-Distributors, Independent Electrical Contractors, Consumer Technology Association, United States Council for International Business, The Home Care Association of America, and The Restaurant Law Center (the “Amici”) in Support of Plaintiffs’ Motions To Stay Effective Date and Preliminary Injunction (The “Motions”), ECF Nos. 23 & 46 (May 15, 2024)

Brief of Amicus Curiae of The Society for Human Resource Management in Support of Plaintiff’s and Intervenors’ Motion for Stay and Preliminary Injunction (May 28, 2024)

Brief of The Partnership for New York City as Amicus Curiae in Support of Plaintiff’s and Plaintiffs-Intervenors’ Motions To Stay Effective Date and for Preliminary Injunction (May 28, 2024)

Defendant’s Response to Plaintiffs’ Motions for Stay of Effective Date and Preliminary Injunction (May 29, 2024)

Defendant’s Consolidated Brief in Response to Plaintiffs’ Motions for Stay of Effective Date and Preliminary Injunction (May 29, 2024)

Brief of Amici Curiae Public Citizen and National Employment Law Project in Support of Defendant’s Response to Plaintiffs’ Motions for Stay of Effective Date and Preliminary Injunction (May 30, 2024)

Brief of Amici Curiae Administrative Law Scholars in Support of Defendants’ Response to Plaintiffs’ Motions for Stay of Effective Date and Preliminary Injunction (May 31, 2024)

Proposed Brief of Twelve Texas Local Elected Officials as Amici Curiae in Opposition to the Pending Motions for Stay of Effective Date or Preliminary Injunction (May 31, 2024)

Brief of Amicus Curiae Texas AFL-CIO in Support of Defendant’s Response to Plaintiffs’ Motions for Stay of Effective Date and Preliminary Injunction (June 3, 2024)

Brief of Legal Scholars as Amici Curiae in Support of Defendant Federal Trade Commission’s Opposition to Plaintiff’s and Intervenors’ Motions for a Preliminary Injunction (June 3, 2024)

Proposed Brief of Amici Curiae Professors in Support of Defendant The Federal Trade Commission’s Opposition to Plaintiff’s and Intervenors’ Motions for a Preliminary Injunction (June 4, 2024)

Amicus Brief of U.S. Representative Matt Gaetz in Support of Defendant Federal Trade Commission (June 4, 2024)

[Proposed] Amicus Brief of Small Business Majority and Professor Evan Starr (June 5, 2024)

[Proposed] Brief Amicus Curiae of American Academy of Emergency Medicine in Support of Defendant and in Opposition to Plaintiff’s and Intervenors’ Motions for Stay of Effective Date and Preliminary Injunction (June 5, 2024)

Ryan, LLC’s Reply Brief in Support of Motion for Stay of Effective Date and Preliminary Injunction (June 12, 2024)

Plaintiff-Intervenors’ Reply Brief in Support of Motion for Stay of Effective Date and Preliminary Injunction (June 12, 2024)

Order (June 13, 2024) (notifying parties that no hearing will be held on motions to stay)

Plaintiff and Plaintiff-Intervenors’ Notice of Supplemental Authorities (June 29, 2024) (providing the Statements of Commissioners Ferguson and Holyoak dissenting from the Commission’s adoption of the Rule)

Memorandum Opinion and Order (July 3, 2024) (granting motion to stay and preliminary injunction)

 

Government reports

Jay B. Sykes, Cong. Res. Serv., The FTC’s Competition Rulemaking Authority (rev. Jan. 11, 2023)

Chris D. Linebaugh & Jay B. Sykes, The FTC’s Proposed Non-Compete Rule (Jan. 23, 2023)

 

Commentary on FTC rulemaking powers

± The C. Boyden Gray Center for the Study of the Administrative State, The FTC v. the Roberts Court: Major Questions Doctrine & Rulemaking (Antitrust Conference Panel 3) (Oct. 28, 2022) (YouTube)

± Noah Joshua Phillips, Against Antitrust Regulation (Oct. 2022)

± Randolph J. May & Andrew K. Magloughlin, The Major Questions Doctrine Slams the Door Shut on UMC Rulemaking, Truth on the Market.com (Apr. 28, 2022)

± Rohit Chopra & Lina M. Khan, The Case for “Unfair Methods of Competition” Rulemaking, 87 U. Chi. L. Rev. 357 (2020)

Tim Wu, Antitrust via Rulemaking: Competition Catalysts, 16 Colo. Tech. L.J. 33. (2005)

 

The major questions doctrine

± Daniel Deacon & Leah Litman, The New Major Questions Doctrine, Va. L. Rev. forthcoming (U of Mich. L. & Econ Res. Paper No. 22-033,July 18, 2022)

± David M. Driesen, Does the Separation of Powers Justify the Major Questions Doctrine? (2022)

± Natasha Brunstein & Richard L. Revesz, Mangling the Major Questions Doctrine, 74 Admin. L. Rev. 217 (2022)

Mila Sohoni, The Major Questions Quartet, 136 Harv. L. Rev. 262 (2022)

FTC: constitutional challenges

Axon

D. Ariz.

Complaint for Declaratory and Injunctive Relief, Axon Enter., Inc. v. FTC, No. 2:20-cv-00014-DMF (D. Ariz. filed Jan. 3, 2020)

Notice of Tentative Ruling (Mar. 10, 2020)

Order, Axon Enter., Inc. v. FTC, No. 2:20-cv-00014-DMF (D. Ariz. Apr. 8, 2020) (dismissing complaint for lack of jurisdiction)

Notice of Appeal (Apr. 13, 2020)

Ninth Circuit

Axon Enter., Inc. v. FTC, No. 20-15662 (9th Cir. docketed Apr. 14, 2020)

Docket sheet (downloaded Jan. 20, 2022)

Plaintiff-Appellant’s Corrected Opening Brief (May 4, 2020)

Answering Brief for the Federal Defendants (June 1, 2020)

Plaintiff-Appellant’s Reply Brief (June 15, 2020)

Argued (July 17, 2020) (± audio) (± video)

Appellant’s Opposed Emergency Motion to Stay Administrative Trial Pending Ruling of this Court (Sept. 29, 2020)

Opposition to Axon’s Emergency Motion for an Injunction Pending Appeal (Oct. 2, 2020)

Order (Oct. 2, 2020) (granting stary)

Opinion, Axon Enter., Inc. v. FTC, No. 20-15662 (Jan. 28, 2021) (reported at 986 F.3d 1173)

Petition for Rehearing en Banc (Mar. 15, 2021)

Order (Apr. 15, 2021) (denying motion for rehearing en banc)

Order (Apr. 21, 2020) (staying mandate until the denial of the petition for a writ of certiorari or, if granted, the Supreme Court's decision on the merits)

Supreme Court

Axon Enter., Inc. v. FTC, No. 21-86 (U.S. docketed July 20, 2021)

± Docket sheet

Petition for Writ of Certiorari (July 20, 2021)

1. Whether Congress impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commission’s structure, procedures, and existence by granting the courts of appeals jurisdiction to “affirm, enforce, modify, or set aside” the Commission’s cease-and-desist orders.

2. Whether, on the merits, the structure of the Federal Trade Commission, including the dual-layer for-cause removal protections afforded its administrative law judges, is consistent with the Constitution.

Brief of Washington Legal Foundation As Amicus Curiae Supporting Petitioner (Aug. 6, 2021)

Brief of Atlantic Legal Foundation and Cato Institute as Amici Curiae in Support of Petitioner (Aug. 17, 2021)

Brief of Amicus Curiae Americans for Prosperity Foundation in Support of Petitioner (Aug. 20, 2021)

Brief for the Chamber of Commerce of The United States as Amicus Curiae in Support of Petitioner (Aug. 23, 2021)

Brief for the Respondents in Opposition (Sept. 22, 2021)

Reply Brief (Oct. 6, 2022)

Supplemental Brief for Petitioner (Dec. 20, 2021)

Petition for certiorari granted as to Question 1 (Jan. 24, 2022)

Brief for Petitioner (May 9, 2022)

Brief of Washington Legal Foundation and Allied Educational Foundation As Amici Curiae Supporting Petitioner (May 10, 2022)

Brief of Amicus Curiae Americans for Prosperity Foundation in Support of Petitioner (May 11, 2022)

Brief Amicus Curiae of Pacific Legal Foundation in Support of Petitioner Axon Enterprise, Inc. (May 13, 2022)

Brief for The Chamber Of Commerce of the United States of America as Amicus Curiae in Support of Petitioner (May 16, 2022)

Brief for the National Treasury Employees Union as Amicus Curiae in Support of Petitioner (May 16, 2022)

Brief of Atlantic Legal Foundation as Amicus Curiae in Support of Petitioner (May 16, 2022)

Brief of Separation of Powers Clinic at Antonin Scalia Law School as Amicus Curiae in Support of Petitioner (May 16, 2022)

Brief for American Hospital Association as Amicus Curiae in Support of Petitioners (May 16, 2022)

Brief of Amicus Curiae Committee for Justice in Support of Petitioner (May 16, 2022)

Brief of Amicus Curiae The Justice Society in Support of Petitioner (May 16, 2022)

Letter of the Solicitor General on behalf of the parties in No. 21-86, Axon Enterprise, Inc. v. FTC, and No. 21-1239, SEC v. Cochran, regarding alignment of parties and briefing (May 19, 2022)

Upon consideration of the letter of May 19, 2022, from the Solicitor General on behalf of the parties in No. 21-86 and No. 21-1239, respondent in No. 21-1239 has to and including June 30, 2022, within which to file the joint appendix and the opening brief on the merits in No. 21-1239. The Solicitor General has to and including August 8, 2022, within which to file a consolidated response brief on the merits on behalf of the federal parties in No. 21-86 and No. 21-1239, limited to 20,000 words (June 1, 2022)

Brief for the Federal Parties (Aug. 8, 2022)

Brief for The American Antitrust Institute as Amicus Curiae in Support of Respondents (Aug. 12, 2022)

Reply Brief for Petitioner (Sept. 7, 2022)

Argument transcript (Nov. 7, 2022) (± audio)

Axon Enterprise v. FTC, No. 21-86 (2023) (reported at 142 S.Ct. 895)

 

 

Meta Platforms, Inc. v. FTC

Complaint for Declaratory and Injunctive Relief, Meta Platforms, Inc. v. FTC., No. 1:23-cv-03562 (D.D.C. filed Nov. 29, 2023)

Motion for Preliminary Injunction Enjoining Defendants from Proceeding in the Administrative Proceeding against Plaintiff (Nov. 29, 2023)

Memorandum of Points and Authorities in Support of Plaintiff’s Motion for Preliminary Injunction (Nov. 29, 2023)

Exhibit A. Declaration of James P. Rouhandeh in Support of Plaintiff’s Motion for Preliminary Injunction (Nov. 29, 2023)

[Proposed] Order on Plaintiff’s Motion for Preliminary Injunction (Nov. 29, 2023)

Defendants’ Opposition to Plaintiff’s Motion for Preliminary Injunction and Defendants’ Motion To Dismiss (Dec. 13, 2023)

Plaintiff’s Reply in Further Support of its Motion for Preliminary Injunction and Memorandum in Opposition to Defendants’ Motion To Dismiss (Dec. 27, 2023)

Defendants’ Reply in Support of Motion To Dismiss (Jan. 10, 2024)

Plaintiff’s Surreply in Response to Defendants’ Motion To Dismiss (Jan. 25, 2024)

Defendants’ Response to Plaintiff’s Sur-Reply (Feb. 1, 2024)

Motion hearing (Mar. 1, 2024)

Memorandum Opinion and Order (Mar. 14, 2024) (denying plaintiff's motion for a prelimiany injunction and FTC's motion to dismiss)

Notice of Appeal (Mar. 15, 2024)

Joint Meet & Confer Statement and Proposed Scheduling Order (Apr. 15, 2024)

MINUTE ORDER: Upon consideration of the parties' meet and confer statement, Dkt. 36 , the parties are hereby ORDERED to that the case is STAYED. It is further ORDERED that the parties file a joint status report with the court within 14 days of the Supreme Court's decision in SEC v. Jarkesy, 143 S. Ct. 2688 (2023). (Apr. 16, 2024)

Tension between the DOJ and FTC

± Steven Pearlstein, In this Antitrust Slugfest, Consumers Always Lose, Washington Post.com (May 7, 2011)

± J. Thomas Rosch, Obama's Political "Price-Gouging", WSJ.com (May 2, 2011) (letters to the editor)

± Thomas Catan, This Takeover Battle Pits Bureaucrat vs. Bureaucrat, WSJ.com (Apr. 12, 2011).

A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935)

Excessive pricing

Case No. 48/CR/Aug10, Comm'n v. Sasol Chem. Indus. Ltd., Competition Tribunal of South Africa (June 5, 2014)

Contrasts with the European Union

European Comm'n, Guidance on its enforcement priorities in applying Article 82 (EC) to abusive exclusionary conduct by dominant undertakings, 2009 O.J. (C 45) 7 (formally adopted in all Union languages on 9 February 2009) (± EU web page)

± Frederic M. Scherer, Abuse of Dominance by High Technology Enterprises: A Comparison of U.S. and E.C. Approaches (Nov. 11, 2010), final version at 38 Economia e Politica Industriale 39 (2011)

± Eleanor M. Fox, Monopolization, Abuse of Dominance, and the Indeterminacy of Economics: The U.S./E.U. Divide, 2006 Utah L. Rev. 725 (2006)

± John Vickers, Some Economics of Abuse of Dominance (Oxford Univ. Dept. of Economics Nov. 2007)

Business torts v. antitrust violations

± Fishman v. Estate of Wirtz, 807 F.2d 520, 563 (7th Cir. 1986) (Easterbrook, J., dissenting in part)

Conflicts of interest/recusal

Recusal Petition by Amazon.Com, Inc., In re Motion to Recuse Chair Lina M. Khan from Involvement in Certain Antitrust Matters involving Amazon.Com, Inc. (circa June 30, 2021)

Exhibit A. Expert Declaration of Professor Thomas D. Morgan

Petition for Recusal, In re Petition for Recusal of Chair Lina M. Khan from Involvement in the Pending Antitrust Case against Facebook, Inc. (July 14, 2021)

Case Studies

Live Nation (DOJ 2024)
Apple (DOJ 2024)
Amazon.com (FTC 2023)
Amazon.com (California 2022)
Google (Utah 2021)
Amazon.com (Smith) (private 2021)
Amazon.com (De Coster) (private 2021)
Amazon.com (District of Columbia 2021)
Google (Colorado 2020)
Google (Texas 2020)
Facebook (FTC 2020)
Facebook (States 2020)
Google (DOJ 2020)
Epic/Google (private 2020)
Epic/Apple (private 2020)
Surescripts (FTC 2019)
Qualcomm (FTC 2017)
Cardinal Health (FTC 2015)
AbbVie (FTC 2014)
Actavis "product hopping" case (NY 2014)
CollegeNet, Inc. (private 2014)
Warner Chilott (private 2012)
Apple iPhone (private 2011)
Pacific Seafood Group (private 2010)
Google—Europe
Microsoft—U.S.
Microsoft—EU
Novell-Microsoft (Utah)
Novell-Microsoft (Maryland)
Novell-Microsoft (Utah remand)
AMD-Intel
Intel-AMD Insurance
Intel-FTC
Intel-NY
Intel-EU
United States v. United Regional Health Care System
Rambus (FTC 2002)

   
Live Nation
(DOJ 2024)

S.D.N.Y.

Complaint, United States v. live Nation Ent., Inc., No. 1:24-cv-03973 (S.D.N.Y. filed May 23, 2024)
The Justice Department and 30 state and district attorneys general filed a civil antitrust action against Live Nation Entertainment Inc. and its wholly-owned subsidiary, Ticketmaster LLC (Live Nation-Ticketmaster), for:

(1) monopoly maintenance in the markets for (a) the provision of primary ticketing services to major concert venues, (b) the provision of primary concert ticketing services to major concert venues, and (c) the provision of primary concert ticketing offerings to fans at major concert venues;

(2) long-term exclusive primary ticketing contracts with major concert venues;

(3) unlawful tying artists’ use of Live Nation owned, controlled and exclusively-booked large amphitheaters to their purchase of promotional services from Live Nation;

(4) monopoly maintenance in the market for the provision of the use of large amphitheaters and ancillary services to artists on large amphitheater tours; and

(5) monopoly maintenance in (a) the markets for the provision of concert booking and promotion services to major concert venues and (b) the provision of promotion services to artists performing in major concert venues.

The 27-count complaint seeks divestiture of ("at minimum") Ticketmaster, the termination of Live Nation’s ticketing agreement with Oak View Group, and an injunction prohibiting Live Nation from continuing to engage in anticompetitive practices described in the complaint and from engaging in other practices with the same purpose and effect as the challenged practices. The complaint also seeks unspecified damages under various state laws and demands a jury trial.

Press Release, U.S. Dep't of Justice, Justice Department Sues Live Nation-Ticketmaster for Monopolizing Markets Across the Live Concert Industry (May 23, 2024)

Civil Cover Sheet

Docket sheet

± Dan Wall, Executive Vice President, Corporate and Regulatory Affairs, Live Nation Entertainment, Inc., Update: Breaking Down The DOJ Lawsuit (May 23, 2024)

Commentary

± David McCabe & Ben Sisario, U.S. Calls for Breakup of Ticketmaster Owner, N.Y. Times, May 23, 2024.

 

Apple
(DOJ 2024)

D.N.J.

Complaint, United States v. Apple, Inc., No. 2:24-cv-04055 (D.N.J. filed Mar. 21, 2024) (originally assigned to Judge Michael E. Farbiarz; reassigned to Judge Julien Xavier Neals upon Judge Farbiarz's recusal)
The United States, fifteen states, and the District of Columbia sued Apple in the District of New Jersey alleging four federal counts and two state counts and seeking only injunctive relief. Counts 1 and 2 allege monopolization and attempted monopolization of the national "performance smartphone market" (with an alleged 70%+ share), respectively, while counts 3 and 4 alleged monopolization and attempted monopolization of the national "smartphone market" (with an alleged share of 65%+ share, all in violation of Section 2 of the Sherman Act. (Notably, the alleged markets involved smartphones, not smartphone operating systems.) The complaint alleges three types of anticompetitive exclusionary conduct. In the words of the complaint headings: (A) Apple harms competition by imposing contractual restrictions, fees, and taxes on app creation and distribution; (B) Apple uses APIs and other critical access points in the smartphone ecosystem to control the behavior and innovation of third parties in order to insulate itself from competition; and (C) Apple’s “moat” around its smartphone monopoly is wide and deep: it uses a similar playbook to maintain its monopoly through many other products and services.

Docket sheet (downloaded Mar. 22, 2024)

Stipulation and [Proposed] Order re Briefing Schedule on Motion To Dismiss (May 13, 2024)

Letter to Judge Julien X. Neals from Apple requesting a pre-motion conference prior to filing a motion to dismiss the Government’s complaint under Federal Rule of Civil Procedure 12(b)(6) (May 21, 2024)

 

Commentary

± Mike Wuerthele & Wes Hilliard, US DOJ Attacks Nearly Every Aspect of Apple's Business in Massive Antitrust Suit, AppleInsider.com (Mar. 21, 2024)

± William Gallagher & Mike Wuerthele, Apple Will Crush the DOJ in Court if Garland Sticks with Outdated Arguments, AppleInsider.com (Mar. 21, 2024)

± William Gallagher, Analysts Mostly Nonplussed by DoJ Suit, and Believe Apple Will Win, AppleInsider.com (Mar. 22, 2024)

± Malcolm Owen, Consumers Pile on Apple with App Store Monopoly Class Action Suits, AppleInsider.com (Mar. 25, 2024)

± Wesley Hilliard, Apple Responds to DOJ Antitrust Lawsuit by Refuting Every Claim, AppleInsider.com (Mar. 27, 2024)

± Wesley Hilliard, Judge Overseeing US DOJ Lawsuit Recuses Himself, New Judge Takes Over, AppleInsider.com (Apr. 10, 2024)

± William Gallagher, Apple Fires Back at DOJ Antitrust Case, Calls for Immediate Dismissal, AppleInsider.com (May 21, 2024)

→  Case Studies

Amazon.com
(FTC 2023)

W.D. Wash.

Complaint, FTC v. Amazon.com, Inc., 2:23-cv-01495-JHC (W.D. Wash. filed Sept. 26, 2023; redacted version filed Nov. 2, 2023) (assigned to Judge John H. Chun)

Press Release, Fed. Trade Comm'n, FTC Sues Amazon for Illegally Maintaining Monopoly Power (Sept. 26, 2023)

Docket sheet (downloaded May 24, 2024)

Amended Complaint (Mar. 14, 2024) (joining as plaintiffs the Commonwealth of Puerto Rico and the State of Vermont)

Notice of Related Cases (Sept. 26, 2023)
Notice of Pendency of Other Actions in Another Jurisdiction (Sept. 26, 2023)
Notice of Related Case (Oct. 10, 2023)

Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement (Oct. 24, 2023)

Amazon’s Motion To Dismiss (Dec. 8, 2023)

Plaintiffs’ Opposition to Amazon’s Motion To Dismiss (Feb. 6, 2024)

Stipulated Motion and Scheduling Order on Amazon’s Motion To Dismiss the Amended Complaint (so ordered Mar. 18, 2024)

Amazon’s Reply in Support of Motion To Dismiss (Mar. 22, 2024)

 

Joint Status Report and Discovery Plan (Dec. 15, 2023)

Notice of Related Case (Dec. 14, 2023)
Notice of Related Case (Dec. 15, 2023)

Stipulated Motion and Order Regarding Expert Discovery (so ordered Jan. 29, 2024)

LCR 37 Joint Submission for a Protective Order (Feb. 5, 2024)

Protective Order (Feb. 13, 2024)

Case Scheduling Order (Feb. 13, 2024) (setting case for trial on October 13, 2026)

Plaintiffs’ Motion To Bifurcate (Feb. 29, 2023)

Amazon’s Opposition to Plaintiffs’ Motion To Bifurcate (Mar. 11, 2024)

Plaintiffs’ Reply in Support of Motion To Bifurcate (Mar. 15, 2024)

Order re: Bifurcation (Mar. 18, 2024) (deferring ruling on the motion until after the Court rules on Amazon’s Motion to Dismiss)

Amended Complaint (Mar. 14, 2024) (joining as plaintiffs the Commonwealth of Puerto Rico and the State of Vermont)

Plaintiffs’ Motion To Compel Production of Documents Related to Spoliation (Apr. 25, 2024)

Amazon’s Opposition to Plaintiffs’ Motion To Compel (May 13, 2024)

Plaintiffs’ Reply in Support of Motion To Compel Documents Related to Spoliation (May 23, 2024)

 

Motion of American Book-Sellers Ass’n To Intervene (Apr. 26, 2024)

Plaintiffs’ Response to Motion of American Booksellers Ass’n To Intervene (May 23, 2024)

Amazon’s Opposition to Motion of American Booksellers Ass’n To Intervene (May 23, 2024)

Order Denying Motion To Intervene (June 2, 2024)

Notice of Appeal by American Booksellers Ass’n from Denial of its Motion To Intervene (June 14, 2024)

Joint Status Report (June 3, 2024)

Order Regarding Discovery of Electronically Stored Information (June 11, 2024)

Joint Statement Regarding Proposed Economics Day Hearing (June 27, 2024)

 

Commentary

± Brian Albrecht, Is Amazon’s Scale a Harm?, Truth on the Market.com (Oct. 13, 2023)

± Christopher Conlon, Harry First, Herbert Hovenkamp & Fiona Scott Morton, What Antitrust Experts Want You to Know About the Amazon Trial, Promarket.org, (Nov. 9, 2023)

± Jung Kim & Arianna Chen, FTC’s Amazon Antitrust Lawsuit from A to Z (ABA Dec. 6, 2023)

± Geoffrey Manne, Gerrymandered Market Definitions in FTC v. Amazon (ICLE Issue Brief Jan. 26, 2024),

± Geoffrey Manne, How the FTC’s Amazon Case Gerrymanders Relevant Markets and Obscures Competitive Processes, Truth on the Market.com (Jan. 26, 2024)

± Editorial, Lina Khan’s Amazon Antitrust Paradox, Wall St. J., May 28, 2024

 

→  Case Studies

Amazon
(California 2022)

Superior Court (San Francisco County)

Complaint for Violations of: (1) the Cartwright Act (Bus. & Prof. Code § 16720, et seq.); and (2) the California Unfair Competition Law–Unlawful And Unfair Prongs (Bus. & Prof. Code § 17200, et seq.), California v. Amazon.com, Inc., No. CGC-22-601826 (Cal. Super. Ct. filed Sept. 14, 2022) (assigned to Judge Ethan P. Schulman)

Docket sheet (downloaded Feb. 5, 2024)

Defendant Amazon.Com, Inc.’s Demurrer to Plaintiff’s Complaint (Dec. 6, 2022)

Defendant Amazon.Com, Inc,’s Request for Judicial Notice in Support of Its Demurrer (Dec. 6, 2022)

Plaintiff The People of The State of California’s Opposition to Defendant Amazon.Com, Inc.’s Demurrer (Jan. 27, 2023)

Defendant Amazon.Com, Inc.’s Reply in Support of its Demurrer to Plaintiff’s Complaint (Feb. 21, 2023)

Order on Amazon's Demurrer to the Complaint (Mar. 30, 2023)

Joint Case Management Statement (Dec. 27, 2022)

Order After Initial Case Management Conference (Jan. 5, 2023)

Stipulation and [Proposed] Protective Order (Jan. 27, 2023)

Stipulated Expert Protocol and [Proposed] Order (Mar. 28, 2023)

Stipulated Electronically Stored Information Protocol and [Proposed] Order (Apr. 28, 2023)

Joint Case Management Statement (May 1, 2023)

Case Management Conference Minutes (May 5, 2023)

Defendant Amazon.Com, Inc.’s Answer to Plaintiff’s Complaint (May 30, 2023)

Defendant Amazon.Com, Inc.’s Cross-Complaint (May 30, 2023) (for declaratory judgment)

Plaintiff and Cross-Defendant The People of the State of California’s Demurrer to Amazon.Com, Inc.’s Cross-Complaint (July 14, 2023)

Plaintiff and Cross-Defendant The People of the State of California’s Request for Judicial Notice in Support of its Demurrer to Amazon.Com, Inc.’s Cross-Complaint (July 14, 2023) (re FTC's Amazon complaint)

Plaintiff and Cross-Defendant The People of the State of California’s Demurrer to Amazon.Com, Inc.’s Cross-Complaint (July 17, 2023)

Plaintiff and Cross-Defendant The People of the State of California’s Request for Judicial Notice in Support of its Demurrer to Amazon.Com, Inc.’s Cross-Complaint (July 17, 2023) (re FTC's Amazon complaint)

Amazon.Com, Inc.’s Opposition to Plaintiff’s Demurrer to Cross-Complaint (Aug. 28, 2023)

The People of the State of California’s Reply in Support of the Demurrer to Defendant Amazon.Com, Inc.’s Cross-Complaint (Sept. 27., 2023)

Order Sustaining in Part and Overruling in Part Plaintiff and Cross-Defendant The People of The State of California's Demurrer to Amazon.Com, Inc.'s Cross-Complaint (Oct. 5, 2023)

Joint Case Management Statement (July 27 2023)

Case Management Conference Minutes (Aug. 3, 2023)

Order after August 3, 2023 Case Management Conference (Aug. 3, 2023)

Joint Case Management Statement (Oct. 23, 2023)

Case Management Conference Minutes (Oct. 25, 2023)

Order after October 25, 2023 Case Management Conference (October 25, 2023)

The People of The State of California’s Answer to Defendant Amazon.Com, Inc.’s Cross-Complaint (Nov. 15, 2023)

Joint Case Management Statement (Jan. 12, 2024)

Order after January 18, 2024 Case Management Conference (Jan. 18, 2024)

 

± Docket sheet

→  Case Studies

Google
(Utah 2021)

N.D. Calif.

Complaint, Utah v. Google LLC, No. 3:21-cv-05227 (N.D. Calif. filed July 7, 2021)
Challenges Google's Android App Store practices, including the requirement that app store users to go through Google Play billing to make all in-app purchases, with Google keeping up to 30% of the payment from those purchases. See Epic Games, Inc. v. Apple, Inc., No. 3:20-cv-05640 (N.D. Calif. filed Aug. 13, 2020) for a similar case brought against Apple.

Press Release, Utah Office of the Attorney General, Utah Leads Bipartisian Lawsuit against Google (July 7, 2021)

Docket sheet (to come)

→  Case Studies

Amazon .com (Smith)
(Private 2021)

W.D. Wash.

Class Action Complaint, Smith v. Amazon.com, Inc., No. 2:21-cv-00838 (W.D. Wash. filed June 23, 2021)

Notice of Voluntary Dismissal without Prejudice (July 23, 2021)
Plainitff joined as a named plaintiff in De Coster

→  Case Studies

Amazon .com (De Coster)
(Private 2021)

W.D. Wash.

Class Action Complaint, De Coster v. Amazon.com, Inc., 2:21-cv-00693-RSM (W.D. Washington filed May 26, 2021)

Docket sheet (downloaded Aug. 9, 2021)

Stipulated Motion and [Proposed] Order for Consolidation, Filing of Consolidated Amended Complaint, and Schedule for Answer or Motion to Dismiss (June 18, 2021)

Order (June 21, 2021)

Motion for Appointment of Interim Co-Lead Class Counsel and Plaintiffs’ Executive Committee (June 30, 2021)

Order Granting Motion for Appointment of Interim Colead Class Counsel and Plaintiffs’ Executive Committee (July 16, 2021)

Consolidated Amended Complaint (July 21, 2021)

Motion to Consolidate Related Actions under Local Rule 42 (Aug. 5, 2021)

→  Case Studies

Amazon.com
(District of Columbia 2021)

District of Columbia Superior Court:

Complaint, District of Columbia v. Amazon.com, Inc., No. 2021 CA 001775 B (D.C. Super. Ct. filed Mar. 25, 2021) (assigned to Judge Alfred S. Irving, Jr.)

Press Release, Office of the Attorney General for the District of Columbia, AG Racine Files Antitrust Lawsuit Against Amazon to End its Illegal Control of Prices Across Online Retail Market (May 25, 2021)

Docket sheet (downloaded Aug. 28, 2022) (± web page)

Defendant Amazon.Com, Inc.'s Opposed Motion to Dismiss Plaintiff District of Columbia's Complaint (July 20, 2021)

[Proposed] Order Granting Opposed Defendant's Motion to Dismiss Plaintiff's Complaint

First Amended Complaint (filed Sept. 10, 2021)

Order (Oct. 8, 2021) (reassigning casse to Judge Hiram E. Puig-Lugo)

Defendant Amazon.Com, Inc.'s Opposed Motion for a Protective Order and To Stay Discovery (Oct. 25, 2021)

Plaintiff District of Columbia's Memorandum of Points and Authorities in Opposition to Defendant Amazon.Com, Inc.'s Opposed Motion for a Protective Order and to Stay Discovery (Nov. 8, 2021)

Defendant Amazon.Com, Inc.'s Reply to Plaintiff District of Columbia's Opposition to Defendant's Motion for a Protective Order and to Stay Discovery (Nov. 15, 2021)

Order (Jan. 4, 2022) (granting motion for protective order and denying motion for scheduling order)

 

Defendant Amazon.Com, Inc.'s Opposed Motion to Dismiss Plaintiff District of Columbia's Amended Complaint (Oct. 25, 2021)

Plaintiff District of Columbia's Opposition to Defendant Amazon.Com, Inc.'s Motion to Dismiss Plaintiff's Amended Complaint (Dec. 15, 2021)

Defendant Amazon.Com, Inc.'s Reply to Plaintiff District of Columbia's Opposition to Defendant's Motion to Dismiss (Jan. 21, 2022)

Plaintiff District of Columbia's Motion for Leave to File a Surreply in Opposition to Defendant Amazon.Com, Inc.'s Motion to Dismiss Amended Complaint (Feb. 1, 2022)

Defendant Amazon.Com, Inc.'s Opposition to Plaintiff District of Columbia's Motion for Leave to File Sur-Reply or, in the Alternative, Motion for Leave to File a Response to Plaintiff's Sur-Reply (Feb. 8, 2022)

Order (Feb. 10, 2022) (granting motion to file surreply)

Notice of Supplemental Authority in Further Support of the District of Columbia's Opposition to Amazon's Motion to Dismiss (Mar. 15, 2022) (Frame-Wilson v. Amazon.com, Inc.,
Case No. 2:20-cv-00424-RAJ (W.D. Wa. Mar. 11, 2022)

Defendant Amazon.Com, Inc.'s Response to Notice of Supplemental Authority of Plaintiff District of Columbia (Mar. 15, 2022)

Oral Ruling Granted on Defendant's Amazon.Com, Inc.'s Opposed Written Motion to Dismiss Plaintiff District of Columbia's Amended Complaint (Mar. 18, 2022) (on Iqbal grounds) (transcript)

District of Columbia's Opposed Motion for Reconsideration, or in the Alternative, for Leave to Amend the Complaint or for a Written Order of Decision (Apr. 14, 2022)

Statement of Interest of the United States of America in Support of Plaintiff's Motion for Reconsideration (Apr. 27, 2022)

Defendant Amazon.Com, Inc.'s Opposition to Plaintiff District of Columbia's Motion for Reconsideration, or in the Alternative, for Leave to Amend the Complaint or for a Written Order of Decision (Apr. 28, 2022)

District of Columbia's Reply in Support of its Opposed Motion for Reconsideration, or in the Alternative, for Leave to Amend the Complaint or for a Written Order of Decision (May 5, 2022)

Order (Aug. 1, 2022) (denying motion for reconsideration)

Notice of Appeal (Aug. 25, 2022)

 

Court of Appeals

District of Columbia v. Amazon.Com, Inc., No. 22-CV-0657 (D.C. filed Aug. 25, 2022)

Docket sheet (downloaded Dec. 9, 2023) (± web page)

Brief for Appellant (Jan. 31, 2023)

Brief for the Committee To Support the Antitrust Laws as Amicus Curiae in Support of Plaintiff-Appellant (Jan. 31, 2023)

Brief for Amici Curiae Antitrust Law Professors and Economists Supporting Appellant and Reversal (Jan. 31, 2023)

Brief for Amicus Curiae Open Markets Institute in Support of Appellant (Jan. 31, 2023)

Brief for Appellee (Apr. 24, 2023)

[Amicus Curiae Federal City Council (May 1, 2023)]

Brief Amicus Curiae of the Chamber of Commerce of the United States of America and the D.C. Chamber of Commerce in Support of Appellee (May 2, 2023)

Reply Brief for Appellant (May 22, 2023)

Argued (Dec. 7, 2023) (cefore Associate Judge Beckwith, Associate Judge Deahl, Senior Judge Fisher)

→  Case Studies

Google
(Colorado 2020)

D.D.C.

Complaint, Colorado v. Google, Inc., No. 1:20-cv-03715-APM (D.D.C. filed Dec. 17, 2020) (assigned to Judge Amit P. Mehta)

Press Release, Colorado Attorney General's Office, Colorado Attorney General Phil Weiser Leads Multistate Lawsuit Seeking to End Google’s Illegal Monopoly in Search Market (Jan. 15, 2021)

Adam Cohen, Director, Economic Policy, Google LLC, Redesigning Search Would Harm American Consumers and Businesses (Dec. 17, 2020)

± Google LLC Public Policy Blog

Docket sheet (downloaded Dec. 17, 2020)

Notice of Related Case (Dec. 17, 2020) (United States v. Google LLC, No. 1-20-cv-03010 (D.D.C. filed Oct. 20, 2010)

Plaintiff States’ Motion to Consolidate Pursuant to Rule 42(a)(1) of the Federal Rules of Civil Procedure (Dec. 17, 2020)

Defendant’s Response to Plaintiffs’ Motion to Consolidate (Dec. 31, 2020)

[Proposed] Order Granting In Part and Denying In Part Plaintiffs’ Motion To Consolidate (Dec. 31, 2020)

Order: Cases Consolidated. Case 20-3715 [this case] has been consolidated with case 20-3010 [DOJ case], pursuant to an Order entered 01/07/2021. From this date forward, all pleadings should be filed in lead case 20-3010 (Jan. 7, 2021)

 

 

Defendant Google LLC’s Motion for Summary Judgment (Dec. 12, 2022) (against the State plaintiffs) [ECF No. 426]

Defendant’s Memorandum of Points and Authorities in Support of its Motion for Summary Judgment (Dec. 12, 2022) (against the State plaintiffs) (Dec. 11, 2022; public version filed (Jan. 11, 2023) [ECF No. 452]

 

 

Commentary

± Ryan Tracy, More States Hit Google Over Alleged Monopoly Conduct, Wall St. J., Dec. 17, 2020

± Makena Kelly, Google Accused of Search Manipulation in Third Major Antitrust Lawsuit, The Verge.com (Dec. 17, 2020)

→  Case Studies

Google
(Texas 2020)

E.D. Texas

Complaint, Texas v. Google, Inc., No. 4:20-cv-00957 (E.D. Tex. filed Dec. 16, 2020) (assigned to Judge Sean D. Jordan)
Charges Google with monopolizing the display advertising market on third-party websites

Press Releaase, Texas Attorney General's Office, AG Paxton Leads Multistate Coalition in Lawsuit against Google for Anticompetitive Practices and Deceptive Misrepresentations (Dec. 16, 2020)

Docket sheet (downloaded Dec. 17, 2020)

Second Amended Complaint, No. 4:20-cv-00957 (E.D. Tex. filed Aug. 4, 2021) (assigned to Judge Judge Sean D. Jordan)

 

Google LLC's Motion for Dismissal Pursuant to Rule 12(b(6) (Feb. 8, 2024)

Plaintiff States’ Response in Opposition to Google LLLC's Motion To Dismiss under Rule 12(b)(6) (Feb. 21, 2024)

 

 

Plaintiff States’ Advisory Regarding Coordination (Feb. 24, 2024)

 

Defendant Google’s Reply in Support of Rule 12(b)(1) Motion (Feb. 29, 2024)

→  Case Studies

Facebook
(FTC 2020)

D.D.C.

Complaint for Injunctive and Other Equitable Relief, FTC v. Facebook, Inc., No. 1:20-cv-03590 (D.D.C. filed Dec.9, 2020) (originally assigned to Judge Christopher R. Cooper; reassigned as a related case to Judge James E. Boasberg)

Fed. Trade Comm'n, Press Release, Agency Challenges Facebook’s Multi-Year Course of Unlawful Conduct (Dec. 9, 2020)

Jennifer Newstead, Vice President and General Counsel, Facebook Inc., Lawsuits Filed by the FTC and the State Attorneys General Are Revisionist History (Dec. 9, 2020)

Docket sheet (downloaded June 28, 2021)

Notice of Related Case (Dec. 14, 2020) (Kupcho v. Facebook, Inc., No. 5:20-cv-08815 (N.D. Calif. ____))
Notice of Related Case (Dec. 18, 2020) (Steinberg v. Facebook, Inc., No. 5:20-cv-09130 (N.D. Calif. ____))
Notice of Related Case (Jan. 5, 2021) (Affilious, Inc. v. Facebooik, Inc. No. 4:20-cv-9217 (filed N.D. Calif. ____))
Notice of Related Case (Jan. 5, 2021) (Dames v. Facebook, Inc., No. 3:20-cv-08817, (N.D. Calif. ____))
Other related case notices have been filed

Notice of Filing of Motion to Consolidate (Dec. 18, 2020) (notice New York's motion in No. 1:20-cv-03589 to consolidate cases)

Notice of Filing of Response to Motion to Consolidate (Jan. 4, 2021) (not opposing reassignment pursuant to Local Rule 40.5(c)(2) but objecting to consolidation of both cases pursuant to FRCP 42 as premature and unnecessary)

Minute Order (Jan. 12, 2021) (by Judge cooper reassigning case to Judge Boasberg)
Minute Order (Jan. 13, 2021) (by Judge Boasberg holding that Plaintiff's Motion to Consolidate be held in abeyance until the Court reviews any forthcoming motions to dismiss or, if such are not filed, the initial scheduling conference)

Facebook, Inc.’s Motion to Dismiss FTC's Complaint (Mar. 10, 2021)

Memorandum in Support of Facebook, Inc.’s Motion to Dismiss FTC's Complaint (Mar. 10, 2021)

Plaintiff Federal Trade Commission’s Memorandum of Law in Opposition to Defendant Facebook, Inc.’s Motion to Dismiss (Apr. 7, 2021)

Reply Brief in Support of Facebook, Inc.’s Motion to Dismiss FTC's Complaint (Apr. 21, 2021)

Facebook, Inc.’s Notice of Supplemental Authority (Apr. 27, 2021) (re AMG)
Plaintiff’s Response to Defendant’s Notice of Supplemental Authority (May 3, 2021)

Facebook, Inc.’s Notice of Supplemental Authority (May 17, 2021) (re In re Google Digital Advertising Antitrust Litigation, No. 5:20-cv-003556-BLF, ECF No. 143 (N.D. Cal. May 13, 2021))
Plaintiff’s Response to Defendant’s Notice of Supplemental Authority (May 21, 2021)

Memorandum Opinion (June 28, 2021) (reported at 560 F. Supp. 3d 1) (dismissing complaint with leave to replead for insuffficient allegations supporting FB's monopoly power in a relevant market, but also noting (1) Facebook's alleged platform-related conducted occurred over eight years ago, making a Section 13(b) injunction unavailable, and (2) the FTC can challenge Facebook's acquisitions of Instagram and What's App)

Order (June 28, 2021) (granting motion to dismissing, dismissing complaint without prejudice, and order any amended complaint to be filed by July 29, 2021)

Order (July 23, 2021) (granting FTC's unopposed motion to extend date for filing an amended complaint to August 19, 2021)

First Amended Complaint for Injunctive and Other Equitable Relief (Aug. 19, 2021) (FTC press release)

Press Release, Fed. Trade Comm'n, FTC Alleges Facebook Resorted to Illegal Buy-or-Bury Scheme to Crush Competition After String of Failed Attempts to Innovate (Aug. 19, 2021)

Dissenting Statement of Commissioner Christine S. Wilson (Aug. 19, 2021)

Facebook, Inc.’s Motion to Dismiss the FTC's Amended Complaint (Oct. 4, 2021)

Memorandum in Support of Facebook, Inc.’s Motion to Dismiss the FTC's Amended Complaint (Oct. 4, 2021)

Plaintiff Federal Trade Commission’s Memorandum of Law In Opposition to Defendant Facebook, Inc.’s Motion To Dismiss Amended Complaint (Nov. 17, 2021)

Reply Brief in Support of Facebook, Inc.’s Motion To Dismiss the FTC’s Amended Complaint (Dec. 1, 2021)

Order (Jan. 11, 2022) (denying motion to dismiss)

 

± FTC web page

 

UK Office of Fair Trading

Case No. ME/5525/12, Anticipated acquisition by Facebook Inc of Instagram Inc. (Aug. 22, 2012)

European Commission

Press Release, European Comm'n, Mergers: Commission Approves Acquisition of WhatsApp by Facebook (Oct. 3, 2014)

± EU web page

Commentary

± Josh Constine, Why The OFT And FTC Let Facebook Buy Instagram: FB Camera Is Tiny, IG Makes No Money, And Google, TechCrunch.com (Aug. 22, 2012)

± Alexei Oreskovic, Facebook says WhatsApp deal cleared by FTC, Reuters.com (Apr. 10, 2014)

± Ingrid Lunden, Here’s The 3 Reasons Europe Green-Lighted Facebook’s $19B WhatsApp Deal, TechCrunch.com (Oct. 3, 2014)

± Mike Isaac & Cecilia Kang, ‘It’s Hard to Prove’: Why Antitrust Suits Against Facebook Face Hurdles, NYTimes.com (Dec. 10, 2020)

± Dina Srinivasan, Why Google Dominates Advertising Markets: Competition Policy Should Lean on the Principles of Financial Market Regulation, 24 Stan. Tech. L. Rev. 55 (2020)

→  Case Studies

Facebook
(States 2020)

D.D.C.

Complaint, New York v. Facebook, Inc., No. 1:20-cv-03589-JEB (D.D.C. filed Dec.9, 2020) (assigned to Judge James E. Boasberg)

N.Y. Attorney General, Press Release, Attorney General James Leads Multistate Lawsuit Seeking to End Facebook’s Illegal Monopoly (Dec. 9, 2020)

Jennifer Newstead, Vice President and General Counsel, Facebook Inc., Lawsuits Filed by the FTC and the State Attorneys General Are Revisionist History (Dec. 9, 2020)

Docket sheet (downloaded Dec. 17, 2020)

Notice of Related Case (Dec. 9, 2020) (Reveal Chat Holdco LCC v. Facebook, Inc., No. 5:20-cv-003 (N.D. Cal. ____, 2020)

Notice of Related Case (Dec. 9, 2020) (Klein v. Facebook, Inc., No. 5:20-cv-085 (N.D. Cal. ____, 2020)

 

Memorandum Opinion (June 28, 2021) (dismissing complaint without prejudice for laches)

Order (June 28, 2021)

Notice of Appeal (July 28, 2021)

D.C. Circuit

New York v. Meta Platforms, Inc., No. 21-7078 (D.C. Cir. docketed

Docket sheet (downloaded May 16, 2022)

Brief for Appellants (Jan. 1, 2022)

Brief of the United States as Amicus Curiae Supporting Plaintiffs-Appellants (Jan. 28, 2022)

Brief of Economists as Amici Curiae in Support of Plaintiffs-Appellants and Reversal (Jan. 28, 2022)

Brief of Former State Antitrust Enforcement Officials and Antitrust Law Professors as Amici Curiae in Support of Appellants and Reversal (Jan. 28, 2022)

Corrected Brief for the Committee to Support the Antitrust Laws as Amicus Curiae in Support of Plaintiffs-Appellants (Jan. 28, 2022)

Brief for Defendant-Appellee Facebook, Inc. (Mar. 14, 2022)

Brief for Amici Curiae the Chamber of Commerce of the United States of America, Computer & Communications Industry Association, and the Business Roundtable Supporting DefendantAppellee and Affirmance (Mar. 28, 2022)

Brief of International Center for Law and Economics and Scholars of Law and Economics as Amicus Curiae Supporting Defendant-Appellee Facebook, Inc. and Affirmance (Mar. 28, 2022)

Brief of J. Gregory Sidak and David J. Teece as Amici Curiae in Support of Defendant-Appellee (Mar. 28, 2022)

Brief of Former Federal Antitrust Enforcers as Amici Curiae in Support of Meta Platforms and Affirmance (Mar. 28, 2022)

Corrected Brief of Washington Legal Foundation and Information Technology & Innovation Foundation as Amici Curiae in Support of Defendant-Appellee (Apr. 12, 2022)

Reply Brief for Appellants (Apr. 14, 2022)

 

Unopposed Motion of the United States for Leave to Participate in Oral Argument as Amicus Curiae in Support of Plaintiffs-Appellants (Aug. 23, 2022)

Appellants’ Motion To Set Oral Argument Time (Aug. 23, 2022)

± Oral argument (Sept. 19, 2022)

New York v. Meta Platforms, Inc., No. 21-7078, (D.C. Cir. Apr. 27, 2023) (affirming district court)

→  Case Studies

Google
(DOJ 2020)

 

D.D.C.

Complaint, United States v. Google LLC, No. 1-20-cv-03010 (D.D.C. filed Oct. 20, 2020) (DOJ press release) (assigned to Judge Amit P. Mehta)
Charges monopolization of search services, search advertising, and general search text advertising markets. The DOJ complaint alleges that Google accounts for almost 90 percent of all internet queries in the United States. The complaint further alleges that Google has entered into a series of exclusionary agreements that collectively lock up the primary avenues through which users access search engines, and thus the internet, by requiring that Google be set as the preset default general search engine on billions of mobile devices and computers worldwide and, in many cases, prohibiting preinstallation of a competitor.

Docket sheet (downloaded Jan. 12, 2023)

Kent Walker, SVP of Global Affairs, Google LLC,, A Deeply Flawed Lawsuit that Would Do Nothing to Help Consumers (Oct. 20, 2020) (promoted from general counsel)

± Google LLC Public Policy Blog

Parties’ Joint Status Report on Protective Order and Defendant’s Notice Regarding Rule 12 Motion (Nov. 6, 2020) (noting, among other things, that Google will not file a Rule 12(b) motion and instead answer the complaint)

Joint Statement Regarding ESI and CMO (Dec. 11, 2020)

Exhibit A. Stipulation and [Proposed] Order Regarding Discovery Procedure

Exhibit B. Joint Meet and Confer Statement and Proposed Scheduling and Case Management Order

Stipulated Protective Order (Dec. 21, 2020)

Scheduling and Case Management Order (Dec. 21, 2020) (noting that Google has elected not to file a Rule 12(b)(6) motion to dismiss and proposing trial date for September 12, 2023)

Defendant Google LLC’s Answer and Affirmative Defenses to Plaintiffs’ Complaint (Dec. 21, 2020)

Order: Cases Consolidated. Case 20-3715 [Colorado case] has been consolidated with case 20-3010 [this case], pursuant to an Order entered 01/07/2021. From this date forward, all pleadings should be filed in lead case 20-3010 (Jan. 7, 2021)

Defendant’s Notice Regarding Rule 12 Motion (Jan. 8, 2021) (reporting that Google will not file a Rule 12(b) motion)

Order on Highly Sensitive Documents (Jan. 14, 2021)

Amended Complaint (Jan. 15, 2021)

Stipulated Protective Order (Jan. 15, 2021)

Stipulation and Order Regarding Discovery Procedure (Jan. 21, 2021)

Order Concerning Amended Scheduling and Case Management Order (Feb. 3, 2021)

Amended Scheduling and Case Management Order (Feb. 3, 2021)

Joint Status Report (Feb. 23, 2021)
Joint Status Report (Mar. 5, 2021)
Joint Status Report (Mar. 10, 2021)
Joint Status Report (Mar. 18, 2021)
Joint Status Report (Mar. 28, 2021)

Order Amending Scheduling and Case Management Order (Mar. 30, 2021)

Joint Status Report (Apr. 15, 2021)
Joint Status Report (Apr. 23, 2021)

Order Amending Scheduling and Case Management Order (May 7, 2021)

Joint Status Report (July 28, 2021)
Joint Status Report (Aug. 27, 2021)
Joint Status Report (Sept. 3, 2021)
Joint Status Report (Sept. 24, 2021)
Joint Status Report (Nov. 2, 2021)
Joint Status Report (Nov. 11, 2021)
Joint Status Report (Nov. 23, 2021)

Exhibit A. [Proposed] Order to Bifurcate Proceedings (Nov. 23, 2021)
Exhibit B. [Proposed] Order to Bifurcate Proceedings [Redline Version] (Nov. 23, 2021)

Order To Bifurcate Proceedings (Dec. 6, 2021)

Joint Status Report (Jan. 4, 2022)
Joint Status Report (Feb. 16, 2022)
Joint Status Report (May 12, 2022)
Joint Status Report (June 16, 2022)

Plaintiffs' Motion To Compel Production of Documents and Data Cited in Expert Reports of Edward A. Fox and Mark A. Israel (Aug. 3, 2022; public version filed Aug. 23, 2022)

Memorandum in Support of Plaintiffs' Motion To Compel Production of Documents and Data Cited in Expert Reports of Edward A. Fox and Mark A. Israel(Aug. 3, 2022; public version filed Aug. 23, 2022)

Defendant Google LLC’s Opposition to DOJ Plaintiffs’ Motion To Compel Production of Documents and Data Cited in Expert Reports of Edward A. Fox and Mark A. Israel (Aug. 15, 2022; public version filed Aug. 23, 2022)

Plaintiffs’ Reply in Support of Plaintiffs’ Motion To Compel Production of Documents and Data Cited in Expert Reports of Edward A. Fox and Mark A. Israel (Aug. 19, 2022; public version filed Aug. 24, 2022)

Joint Stipulation and Order Regarding Plaintiffs’ Motion To Compel Production of Documents and Data Cited in Expert Reports of Edward A. Fox and Mark A. Israel (Aug. 25, 2022)

Tutorial transcript (Sept. 8, 2022)

DOJ presentation

Defendant Google LLC’s Motion To Exclude the Report and Testimony of DOJ Plaintiffs’ Untimely Disclosed Expert (Oct. 10, 2022)

U.S. Plaintiffs’ Opposition to Defendant’s Motion To Exclude the Report and Testimony of U.S. Plaintiffs’ Privacy Expert (Oct. 18, 2022)

Defendant Google LLC’s Reply Brief in Support of its Motion To Exclude the Report and Testimony of DOJ Plaintiffs’ Untimely Disclosed Expert (Oct. 25, 2022)

ORDER denying Defendant's 397 Motion to Exclude the Report and Testimony of DOJ Plaintiffs' Untimely Disclosed Expert. For the reasons stated on the record during the November 28, 2022 hearing, Defendant's motion is denied. Signed by Judge Amit P. Mehta on 12/1/2022.

Joint Status Report (Oct. 13, 2022)

Joint Status Report (Nov. 25, 2022)

Order Regarding Deadlines for Daubert Motions (Nov. 29, 2022)

Order Regarding the Filing of Public Redacted Versions of Papers Filed under Seal in Connection with Summary Judgment or Daubert Motions (Nov. 29, 2022)


Defendant Google LLC’s Motion for Summary Judgment (Dec. 12, 2022) (against DOJ) [ECF No. 421]

Defendant's Memorandum of Points and Authorities in Support of its Motion for Summary Judgment (Dec. 12, 2022; public version filed (Jan. 11, 2023) [ECF No. 451]

 

 

Defendant Google LLC’s Motion for Summary Judgment (Dec. 12, 2022) (against the State plaintiffs) [ECF No. 426]

Defendant’s Memorandum of Points and Authorities in Support of its Motion for Summary Judgment (Dec. 12, 2022) (against the State plaintiffs) (Dec. 11, 2022; public version filed (Jan. 11, 2023) [ECF No. 452]

 

Defendant Google LLC’s Notice Regarding Evidentiary Hearings in Connection with Daubert Motions (Dec. 21, 2022)
Plaintiffs’ Notice Regarding Evidentiary Hearings in Connection with Daubert Motions (Dec. 21, 2022)

Defendant Google LLC’s Motion To Partially Exclude the Opinion of Plaintiffs’ Expert Michael Whinston (Dec. 12, 2022; public version filed Jan. 11, 2023)

Defendant Google LLC’s Motion To Partially Exclude the Opinion of Plaintiffs’ Expert Jonathan Baker (Dec. 12, 2022; public version filed Jan. 11, 2023)

 

 

Commentary

± Cong. Research Serv., LSB10544, The Google Antitrust Lawsuit: Initial Observations (October 23, 2020)

± Majority Staff of the Subcomm. on Antitrust, Commercial, and Administrative Law of the H. Comm. of the Judiciary, Investigation of Competition In Digital Markets (Comm. Print. 2020)

→  Case Studies

Epic/Google
(private 2020)

N.D. Calif.

Complaint for Injunctive Relief, Epic Games, Inc. v. Google LLC, No. 3:21-md-02981-JD (N.D. Calif. filed Aug. 13, 2020) (originally assigned to Nathanael M. Cousins; reassigned to Judge James Donato on August 27, 2020) (originally 3:20-cv-05671-JD), Designated In re Google Play Store Antitrust Litigation by the MDL Panel on February 21, 2021, with Judge Donato continuing.

Docket sheet (downloaded Dec. 12, 2023)
Docket sheet No. 3:21-md-02981-JD (downloaded May 26, 2024)

 

 

Defendants’ Notice of Motion and Motion To Dismiss Epic Games, Inc.’s Complaint and Developers’ First Consolidated Class Action Complaint; Supporting Memorandum of Points and Authorities on Common Issues (Nov. 13, 2020)

 

 

Rule 42(a) and MDL consolidation

Transfer Order, In re Google Antitrust Litig., MDL No. 2981 (J.P.M.L. Feb. 5, 2021) (assigning the MDL to Judge Donato and renaming the case In re Google Play Store Antitrust Litigation). At the time of original consolidation, the Google Play Store actions consisted of five putative class actions on behalf of consumers, two putative class actions on behalf of app developers; and an individual app developer action. All but one of these cases had been brought in the Northern District of California and consolidated as related cases in front of Judge Donato.

Complaint, Carr v. Google LLC, No. 5:20-CV-5761 (N.D. Calif. filed Aug. 16, 2020) (consumer treble damages class action)

Related Case Order (Sept. 10, 2020) (relating case to Epic Games)

Order re Consolidation (Nov. 20, 2020) (consolidating six consumer class actions under Rule 42(a) before Judge Donato and designating the consolidated case In re Google Play Consumer Antitrust Litigation (Master File No. 3:20-cv-05761-JD)

Docket sheet (downloaded Feb. 20, 2024)

Consolidated Consumer Class Action Complaint, In re Google Play Consumer Antitrust Litigation, Master File No. 3:20-cv-05761-JD (N.D. Calif. filed Dec. 28, 2020) (jury trial demanded)

Settlement Agreement and Release (Dec. 18, 2023) (providing, among other things, that Google pay $630 million, minus costs and fees, to consumers who made Google Play purchases between August 2016 and September 2023, with another $70 million going to the plaintiff states and let developers allow users to use cheaper in-app billing systems that the developers can advertise to customers)

First Amended Consolidated Class Action Complaint, In re Google Play Developer Antitrust Litig., No. 3:20-cv-05792-JD (N.D. Calif. filed July 23, 2021) (jury trial demanded)

Second First Amended Consolidated Class Action Complaint (Jan. 21, 2022)

Developer Plaintiffs’ Renewed Motion for Preliminary Settlement Approval (Oct. 12, 2022)

Amended Settlement Agreement and Release (Oct. 12, 2022) (providing for $90 million in cash payments, a reduced commission of 15% on their first $1 million in annual revenues (and retain that tier for at least three years), and the development of an “Indie Apps Corner” in the Google Play store and allowing developers to promote alternative billing systems and use other app stores)

Order re Final Approval, Attorneys’ Fees and Costs, and Incentive Awards (Jan. 11, 2024) (attorneys' fees fof $26 million)

Judgment (Jan. 12, 2024)

± Settlement website

 

 

 

[Answers]

Defendants’ Answers, Defenses, and Counterclaims to Epic Games, Inc.’s First Amended Complaint for Injunctive Relief (Oct. 11, 2021)

 

Epic Games, Inc.’s Answer and Defenses to Google’s Counterclaims (Nov. 1, 2021)

 

[Class certification]

Order re Consumer Plaintiffs’ Class Certification Motion and Defendants’ Motion To Exclude Expert Testimony (Nov. 28, 2022) (certifying a class of more than 21 million consumers)

Petition for Permission To Appeal an Order Granting Class Certification Pursuant to Rule 23(f) (9th Cir. Dec. 9, 2022)

Appellants’ Motion for Limited Remand under Federal Rule of Appellate Procedure 12.1(b) and To Remove this Case from the Oral Argument Calendar for September 11, 2023 (9th Cir. Aug. 29, 2023)

 

Order re Merits Opinions of Dr. Hal J. Singer (Aug. 28, 2023)

Order (9th Cir. Aug. 31, 2023) (retaining jurisdiction over appeal of class certification order but remanding case to district court for further proceedings and staying further appellate proceedings)

 

 

 

 

Stipulation and [Proposed] Order re Deadlines in Consumers’ and States’ Actions in Light of Tentative Settlement (Sept. 6 2023) (notifying court of a tentative settlement with a group of state attorneys general and a proposed consumer class in antitrust litigation claiming Google unlawfully controls the apps offered on Android devices, leaving Epic Games and Match Group to proceed alone against the tech giant in an upcoming trial)

 

 

Plaintiffs’ Proposed Remedy re Google’s Destruction of Chat Evidence (Sept. 21, 2023)

Defendants’ Opposition to Plaintiffs’ Proposed Remedy Regarding Chats (Oct. 5, 2023)

Plaintiffs’ Reply in Support of Proposed Remedy re Google’s Destruction of Chat Evidence (Oct. 12, 2023)

 

 

Joint Statement Regarding Parties’ List of Claims Set for Trial (Oct. 2, 2023)

Trial Brief of Epic Games, Inc. and the Match Plaintiffs (Oct. 5, 2023)
Defendants’ Trial Brief (Oct. 5, 2023)

 

Joint Proposed Jury Verdict Form and Objections (Oct. 16, 2023)

Pretrial Order for Epic and Match Trial (Oct. 20, 2023)

Joint Set of Proposed Preliminary Jury Instructions (Oct. 25, 2023)

Proposed Preliminary Jury Instructions for Epic Trial (Nov. 3, 2023) (by the Court)

Pretrial conference (Oct. 31, 2023) (civil minutes)

Proposed Voir Dire (Oct. 31, 2023) (proposed by the Court)

 

Joint Stipulation of Voluntary Dismissal of Entire Action with Prejudice Pursuant to Rule 41(a)(1)(a)(Ii) (Oct. 31, 2023) (settlement with Match)

ORDER. In light of the dismissal of the Match case, No. 22-2746, Google and Epic are directed to file by 5:00 p.m. California time tomorrow, November 1, 2023, briefs not to exceed 8 pages addressing a jury or bench trial on November 6, 2023. Signed by Judge James Donato on 10/31/2023.

Google’s Statement on a Non-Jury Trial on Epic’s Claims and Defenses (Nov. 1, 2023)
Brief of Epic Games, Inc. in Support of Maintaining the Jury Trial (Nov. 1, 2023)

Civil minutes (Nov. 3, 2023) (denying Google's motion jury trial on its counterclaims only)

 

Trial

Jury selection (Nov. 2, 2023)

Day 1 (Nov. 6, 2023)
Day 2 (Nov. 7, 2023)
Day 3 (Nov. 8, 2023)
Day 4 (Nov. 9, 2023)
Day 5 (Nov.13, 2023)
Day 6 (Nov. 14, 2023)
Day 7 (Nov. 15, 2023)
Day 8 (Nov. 16, 2023)
Day 9 (Nov. 20, 2023)
Day 10 (Nov. 21, 2023)
Day 11 (Nov. 27, 2023)
Day 12 (Nov. 28, 2023)
Day 13 (Nov. 29, 2023)
Day 14 (Nov. 30, 2023)
Day 15 (Dec. 1, 2023) (transcript (ECF No. 591--not yet released))
Day 16 (Dec. 11, 2023) (verdict for plaintiffs) (transcript (ECF No. 607--not yet released))

Letter to Judge James Donato from Glenn Pomerantz (Google) re request for summary of JMOL (Dec. 1, 2023)

Joint Set of Proposed Final Jury Instructions and Objections (Nov. 22, 2023)

Proposed Final Jury Instructions for Epic Trial (Nov. 30, 2023) (proposed by the Court)

Joint Set of Proposed Jury Instructions (Dec. 4, 2023)

Final Jury Instructions for Epic Trial (Dec. 6, 2023)

Joint Proposed Verdict Forms and Objections (Dec. 4, 2023)

Proposed Verdict Form for Epic Trial (Dec. 6, 2023) (proposed by the Court)

Epic Games, Inc.’s Proposed Amendment to Proposed Verdict Form (Dec. 7, 2023)
Google’s Objections to Proposed Verdict Form (Dec. 7, 2023)

ORDER. For Google's objection about the DDA in Dkt. No. 853 at 3:19-4:2 (that it is being submitted to the jury twice on the same basis), Epic is directed to file a response not to exceed 3 pages by 10:00 a.m. California time on December 8, 2023 (Dec. 7, 2023)

Epic Games, Inc.’s Response to Verdict Form Question (Dec. 8, 2023)

Verdict Form for Epic Trial (Dec. 8, 2023)

Joint Notice Regarding Settlement Discussions (Dec. 8, 2023)

Verdict (Dec. 11, 2023)

Jury Notes (Dec. 14, 2023)

 

Joint Statement on Schedule for Post-Trial Motions and Remedies (Jan. 11, 2024)

Google’s Renewed Motion for Judgment as a Matter of Law under Rule 50(b) or for a New Trial under Rule 59 (Feb. 1, 2024)

Epic Games, Inc.’s Opposition to Google’s Renewed Motion for Judgment as a Matter of Law under Rule 50(b) or for a New Trial under Rule 59 (Feb. 22, 2024)

Reply in Support of Google’s Renewed Motion for Judgment as a Matter of Law under Rule 50(b) or for a New Trial under Rule 59 (Feb. 29, 2024)

Order (Mar. 21, 2024) (denying Google's renewed motion for judgment as a matter of law or for a new trial (written order to follow). Epic is directed to file by April 11, 2024, its proposed injunction. Google may file a response by May 2, 2024. The evidentiary hearing will be held on Thursday, May 23, 2024.)

Order re Google’s Renewed Motion for Judgment as Matter of Law or for New Trial in Epic Case (July 3, 2024)

Joint Notice Regarding Post-Trial Remedies Settlement (Feb. 28, 2024)

Epic’s Proposed Permanent Injunction (Apr. 11, 2024)

Statement of B. Douglas Bernheim (Apr. 11, 2024)
Statement of Steven Tadelis (Apr. 11, 2024)

Google’s Objections to Epic’s Proposed Injunction (May 2, 2024)

Statement of Matthew Gentzkow (May 2, 2024)
Statement of Dr. Gregory K. Leonard (May 2, 2024)

Evidentiary Hearing re Remedy (May 23, 2024) [Release of Transcript Restriction set for 8/22/2024]
Further Remedy Hearing for Epic Case set for 8/14/2024 at 10:00 AM

Google's Proffer Regarding Epic's Proposed Remedies (June 24, 2024)

 

→  Case Studies

Epic/Apple
(private 2020)

N.D. Calif.

Complaint for Injunctive Relief, Epic Games, Inc. v. Apple, Inc., No. 4:20-cv-05640 (N.D. Calif. filed Aug. 13, 2020) (assigned to Juge Yvonne Gonzalez Rogers)

Docket sheet (downloaded May 26, 2024)

Related Case Order (Aug. 19, 2020) (related to Cameron v. Apple Inc., No. 4:19-cv-03074-DMR (N.D. Calif. filed June 4, 2019), and reassigning case to Judge Yvonne Gonzalez Rogers)

Order Reassigning Case (Aug. 19, 2020)

See Order Granting Administrative Motions To Relate Cases (Aug. 22, 2019) (relating pepper v. Apple, Inc., No. 11-cv-06714-YGR (N.D. Calif.2011), Cameron v. Apple, Inc., No. 19-cv-03074-WHA (N.D. Calif. 2019), and Sermons v. Apple, Inc., No. 19-cv-03796-WHA (N.D. Calif. 2019), befor Judge Rogers).

 

Google LLC’s Response to Sua Sponte Judicial Referral for Purposes of Determining Relationship of Cases (Sept. 3, 2020)

 

 

 

Epic Games, Inc.’s Notice of Motion and Motion for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue and Memorandum of Points and Authorities in Support Thereof (Aug. 17, 2020)

Defendant Apple Inc.’s Opposition to Epic Games, Inc.’s Motion for a Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue (Aug. 21, 2020)

Reply Memorandum of Points and Authorities in Support of Plaintiff Epic Games Inc.’s Motion for a Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue (Aug. 23, 2020)

Order Granting in Part and Denying in Part Motion for Temporary Restraining Order (Aug. 24, 2020)

Plaintiff Epic Games, Inc.’s Notice of Motion and Motion for a Preliminary Injunction and Memorandum of Points and Authorities in Support Thereof (Sept. 4, 2020)

Defendant Apple Inc.’s Opposition to Epic Games, Inc.’s Motion for a Preliminary Injunction (Sept. 15, 2020)

Reply Memorandum of Points and Authorities in Support of Plaintiff Epic Games, Inc.’s Motion for a Preliminary Injunction (Sept. 18, 2020)

Order Granting in Part and Denying in Part Motion for Preliminary Injunction (Oct. 9, 2020)

 

Defendant and Counterclaimant Apple Inc.’s Answer, Defenses, and Counterclaims in Reply to Epic Games, Inc.’s Complaint for Injunctive Relief (Sept. 8, 2020)

Joint Statement Concerning Trial (Sept. 29, 2020)

Case Scheduling and Pretrial Order (Oct. 6, 2020)

Counter-Defendant Epic Games, Inc.’s Notice of Motion and Motion for Judgment on the Pleadings (Oct. 2, 2020)

 

Pretrial Order No. 1 (Mar. 2, 2021)
Pretrial Order No. 2 (Mar. 23, 2021)
Pretrial Order No. 3 (Mar. 30, 2021)
Pretrial Order No. 4 (Apr. 21, 2021)
Pretrial Order No. 5 (Apr. 26, 2021)
Pretrial Order No. 6 Re: Objections To Expert Written Direct Testimony (Apr. 29, 2021)
Pretrial Order No. 7 Re: Third Party Administrative Motions To Seal (Apr. 30, 2021)
Pretrial Order No. 8 Re: Administrative Motion To Seal the Courtroom During Presentation of Certain Confidential Material at Trial (Apr. 30, 2021)
Pretrial Order No. 9 Re: Additional Third Party Administrative Motions To Seal (May 2, 2021)

Apple Inc.’s Proposed Findings of Fact and Conclusions of Law (Apr. 7, 2021)
Findings of Fact and Conclusions of Law Proposed by Epic Games, Inc. (Apr. 8, 2021)

Joint Pretrial Conference Statement (Apr. 9, 2021)

Trial begin on May 3, 2021, and testimony ended on May 21, 2021. Closing arguments were given on May 24, 2021.

Rule 52 Order after Trial on the Merits (Sept. 10, 2021) (finding for Apple on federal antitrust claims and finding for Epic Games on its claim that Apple violated California’s Unfair Competition Law by limiting the developers ability to communicate on their apps about alternate payment systems).

Permanent Injunction (Sept. 10, 2021)

Judgment (Sept. 10, 2021)

Notice of Appeal (Sept. 12, 2021) (by Epic)

Notice of Appeal (Oct. 8, 2021) (by Apple)

Apple Inc.’s Notice of Motion and Motion for Stay of Injunction Pending Appeal and Memorandum of Points and Authorities in Support Thereof (Oct. 8, 2021)

Plaintiff Epic Games, Inc.’s Opposition to Defendant Apple Inc.’s Motion for Stay of Injunction Pending Appeal and Memorandum of Points and Authorities in Support Thereof (Oct. 22, 2021)

Apple Inc.’s Reply in Support of Motion for Stay of Injunction Pending Appeal (Oct. 29, 2021)

Order Denying Apple’s Motion To Stay Injunction Pending Appeal (Nov. 9, 2021)

Following denial of writ of certorari (see below)

 

 

Ninth Circuit

Epic Games, Inc. v. Apple, Inc., No. 21-16506 (9th Cir. docketed Sept. 13, 2021) (appeal by Epic Games); No. 21-16695 (9th Cir. docketed Oct. 14, 2021) (cross-appeal by Apple)

Docket sheet (downloaded Feb. 11, 2023)

Motion for Administrative Stay and To Stay Injunction Pending Appeal (Nov. 16, 2021) (by Apple)

Opposition to Apple Inc.’s Motion for Administrative Stay and To Stay Injunction Pending Appeal (Nov. 26, 2021)

Reply In Support Of Motion For Administrative Stay And To Stay Injunction Pending Appeal (Nov. 30, 2021)

Order, Epic Games, Inc. v. Apple, Inc., No. 21-16506 (9th Cir. Dec. 8, 2021) (staying district court's permanent injunction pending appeal)

Letter to the Court (Jan. 19, 2022) (granting joint blanket consent to the filing of amicus briefs)

Opening Brief for Appellant, Cross-Appellee Epic Games, Inc. (Jan. 20, 2022)

Brief for the United States of America as Amicus Curiae in Support of Neither Party (Jan. 27, 2022)
Note: Multiple amicus briefs were filed in this matter

Pincipal and Response Brief for Appellee/Cross-Appellant Apple Inc. (Mar. 24, 2022) [ECF No. 93]

Reply Brief on Appeal and Response Brief on Cross-Appeal of Appellant, Cross-Appellee Epic Games, Inc. (May 25, 2022)

Reply Brief for Appellee/Cross-Appellant Apple Inc. (July 15, 2022) [ECF No. 183]

± Oral argument (video) (Nov. 14, 2022) (audio)

Opinion, Epic Games, Inc. v. Apple, Inc., No. 21-16506 (9th Cir. Apr. 24, 2023)

 

Supreme Court

Petition for a Writ of Certiorari, Epic Games, Inc. v. Apple Inc., No. 23-337 (U.S. filed Sept. 27, 2023)

Brief In Opposition (Dec. 8, 2023)

Reply Brief for the Petitioner (Dec. 22, 2023)

Petition denied (Jan. 16, 2024)

± Supreme Court docket sheet

Petition for a Writ of Certiorari, Apple Inc. v. Epic Games, Inc., No. 23-344 (U.S. filed Sept. 28, 2023)

Brief of International Center for Law & Economics as Amicus Curiae in Support of Petitioner (Oct. 27, 2023)

Brief of NetChoice and Chamber of Progress as Amici Curiae in Support of Petitioner (Oct. 27, 2023)

Brief of the Civil Justice Association of California as Amicus Curiae Supporting Petitioner (Oct. 30, 2023)

Brief of Amicus Curiae Act | The App Association in Support of Petitioner (Nov. 1, 2023)

Brief of Washington Legal Foundation and TechFreedom as Amici Curiae Supporting Petitioner (Nov. 1, 2023)

Brief in Opposition (Dec. 8, 2023)

Reply Brief for Petitioner (Dec. 22, 2023)

Petition denied (Jan. 16, 2024)

± Supreme Court docket sheet

 

On remand

Notice of Compliance With UCL Injunction (Jan. 16, 2024)

Exhibit 1. App Store Review Guidelines (Jan. 2024) (providing in part that "Apple shall be entitled to a commission equal to twenty-seven percent (27%) of all Transaction proceeds made on Your website; the commission shall be equal to twelve percent (12%) for Transactions while You are a participant in the App Store Small Business Program, or where the Transaction is an auto-renewal in the second year or later of an auto-renewing subscription.") (Section 5.1)

Apple Inc.’s Motion for Entry of Judgment on its Indemnification Counterclaim (Jan. 16, 2024)

Apple Inc.’s Motion for Entry of Judgment on its Indemnification Counterclaim (Jan. 16, 2024)

Epic Games, Inc.’s Opposition to Apple Inc.’s Motion for Entry of Judgment on its Indemnification Counterclaim (Feb. 16, 2024)

Apple Inc.’s Reply in Support of its Motion for Entry of Judgment on its Indemnification Counterclaim (Mar. 1, 2024)

 

Plaintiff Epic Games, Inc.’s Notice of Motion and Motion To Enforce Injunction (Mar. 13, 2024)

Motion of Meta Platforms, Inc., Microsoft Corporation, X Corp., and Match Group, LLC for Leave To File Brief as Amici Curiae in Support of Epic Games, Inc.’s Motion To Enforce Injunction (Mar. 20, 2024)

Exhibit A. Brief of Amici Curiae Meta Platforms, Inc., Microsoft Corporation, X Corp., and Match Group, LLC in Support of Epic Games, Inc.’s Motion To Enforce Injunction (Mar. 20, 2024)

Motion of Spotify USA Inc. for Leave To File Brief as Amicus Curiae in Support of Epic Games, Inc.’s Motion To Enforce Injunction (Mar. 20, 2024)

Exhibit A. Brief of Amicus Curiae Spotify USA Inc. in Support of Epic Games, Inc.’s Motion To Enforce Injunction (Mar. 20, 2024)

Motion of Digital Content Next for Leave To File Brief as Amicus Curiae in Support of Epic Games, Inc.’s Motion To Enforce Injunction (Mar. 22, 2024)

Exhibit A. Proposed Brief of Amicus Curiae Digital Content Next in Support of Epic Games, Inc.’s Motion To Enforce Injunction (Mar. 22, 2024)

Apple Inc.’s Omnibus Opposition to Motions for Leave To File Briefs as Amici Curiae in Support of Epic Games, Inc.’s Motion To Enforce Injunction (Apr. 3, 2024)

Order Granting Motions for Leave To File Amicus Curiae Briefs (Apr. 4, 2024) (granting leave to file)

Apple Inc.’s Opposition to Epic Games, Inc.’s Motion To Enforce Injunction (Apr. 12, 2024)

Reply Memorandum in Support of Plaintiff Epic Games, Inc.’s Motion To Enforce Injunction (Apr. 22, 2024)

Evidentiary Hearing (May 8, 2024)
Evidentiary Hearing (May 10, 2024)
Evidentiary Hearing (May 16, 2024)
Evidentiary Hearing (May 17, 2024)
Evidentiary Hearing (May 22, 2024)
Evidentiary Hearing (May 31, 2024)

 

Commentary

± Malcolm Owen, Epic Games vs Apple—The Whole Story, AppleInsider.com (Dec. 17, 2023)

± Sarah Perez, Supreme Court Seclines To Hear Apple-Epic Antitrust Case, Meaning App Makers Can Now Point Customers to the Web, TechCrunch.com (Jan. 16, 2024)

± Sarah E. Needleman & Aaron Tilley, Supreme Court Denies Petitions on Apple, Epic Appeals, Wall St. J. (Jan. 16, 2024)

± Leah Nylen, Greg Stohr, Mark Gurman & Bloomberg, ‘Fortnite’ Maker Epic Games To Contest Apple’s ‘27% Tax’ on Outside Payments and its ‘Bad Faith Compliance’ with Court Ruling, Fortune.com (Jan. 17, 2024)

± Andrew Orr, Judge Questions Apple's Commitment to App Store Payment Alternatives, AppleInsider.com (May 8, 2024)

→  Case Studies

Surescripts
(FTC 2019)

DDC

Complaint for Injunctive and Other Equitable Relief, FTC v. Surescripts, LLC, No. 1:19-cv-01080-JDB (D.D.C. filed apr. 17, 2019; new public version Feb. 1, 2017)) (assigned to Judge John D. Bates) (FTC news release)

Docket sheet (downloaded Apr. 25, 2019)

 

± FTC web page

→  Case Studies

Qualcomm
(FTC 2017)

N.D. Cal.

Federal Trade Commission’s Complaint for Equitable Relief, FTC v. Qualcomm Inc., No. 5:17-cv-00220 (N.D. Cal. filed Jan. 17, 2017) (FTC news release)

Assigned to Judge Lucy H. Koh

Docket sheet (downloaded May 30, 2019)

Dissenting Statement of Commissioner Maureen K. Ohlhausen (JN. 17, 2017)

Order Relating Cases (Feb. 1, 2017)

 

 

Findings of Fact and Conclusions of Law (May 21, 2019) (public version)

± Christine Wilson, Comm'r, Fed. Trade Comm'n, A Court’s Dangerous Antitrust Overreach, Wall St. J., May 29, 2019.

± FTC web page

→  Case Studies

Cardinal Health
(FTC 2015)

Complaint for Injunctive and Other Equitable Relief, No. 15-cv-3031 (S.D.N.Y. filed Apr. 20, 2015) (FTC news release) (allegedly that Cardinal Heath illegally monopolized 25 local markets for the sale and distribution of low-energy radiopharmaceuticals and forced hospitals and clinics to pay inflated prices for these drugs; settled by consent decree, including $26.8 million in disgorgement for distribution to injured customers).

[Proposed] Final Order and Stipulated Permanent Injunction

Statement of the Federal Trade Commission (Apr. 20, 2015)

Dissenting Statement of Commissioner Maureen K. Ohlhausen (Apr. 20, 2015)

Dissenting Statement of Commissioner Joshua D.Wright (Apr. 20, 2015)

→  Case Studies

AbbVie
(FTC 2014)

E.D. Pa.

Complaint for Injunctive and Other Equitable Relief, FTC v. AbbVie Inc., No. 2:14-cv-05151-HB (E.D. Pa. filed September 26, 2014)

Fed. Trade Comm'n, News Release, FTC Sues Pharmaceutical Companies for Illegally Blocking Consumer Access to Lower-Cost Versions of the Blockbuster Drug AndroGel (Sept. 8, 2014)

Docket sheet (downloaded July 22, 2019)

Memorandum Opinion (Sept. 15, 2017) (granting the FTC's motion for partial summary judgment on the objective baselessness element of the sham litigation prong of its monopolization claim and denying the defendants' motions for summary judgment)

Findings of Fact and Conclusions of Law (June 29, 2018) (reported at 329 F.Supp.3d 98)

Fed. Trade Comm'n, News Release, Statement of FTC Chairman Joe Simons Regarding Federal Court Ruling in FTC v. AbbVie (June 29, 2018)

Plaintiff Federal Trade Commission’s Motion for Entry of Judgment (July 13, 2018)

Exhibit A. [Proposed] Final Judgment and Order for Equitable Monetary Relief

Defendants’ Brief in Support of their Proposed Form of Judgment and Objections to FTC’s Proposed Form of Judgment (July 16, 2018)

Exhibit 1. Stipulated Order for Permanent Injunction and Equitable Monetary Relief, FTC v. Cephalon, Inc. No. No. 2:08-cv-2141 (E.D. Pa. Jun e 17, 2015)

Judgment (July 18, 2018) (ordering judgment in favor of the FTC in the amount of $419,317,201 plus prejudgment interest in the amount of $42,864,196 for a total of $462,181,397).

Order (July 18, 2018) (ordering stay of the execution of judgment until until the court rules on any motions of defendants for approval of a supersedeas bond under Rule 62(d) of the Federal Rules of Civil Procedure)

Notice of Appeal (July 20, 2018) (by the FTC)

Notice of Appeal (Aug. 6, 2018) (by defendants)

Abbvie Defendants’ Motion for Approval of a Supersedeas Bond and Stay of Judgment under Rule 62(d) (Aug. 9, 2018)

Proposed Order

Exhibit 1. Appeal Bond

Order (Aug. 27, 2018) (approving superseadeas bond and staying judgment pending appeal)

 

Third Circuit

FTC v. AbbVie Inc., No. 18-2621 (3d Cir. docketed July 23, 2018)

Docket Sheet (downloaded July 22, 2019)

Concise Summary of the Case (Aug. 3, 2018) (filed by the FTC)

Opening Brief of the Federal Trade Commission (Mar. 29, 2019)

Opening/Response Brief for Appellees/Cross-Appellants AbbVie Inc., Abbott Laboratories, and Unimed Pharmaceuticals LLC (June 5, 2019)

Opening/Response Brief for Appellee/Cross-Appellant Besins Healthcare, Inc. (June 5, 2019)

Third-Step (Reply/Response) Brief of the Federal Trade Commission (July 19, 2019)

→  Case Studies

Actavis "product hopping" case
(New York 2014)

Complaint, New York v. Actavis plc, No. 1:14-cv-07473 (S.D.N.Y. filed Sept. 15, 2014) (redacted version filed Sept. 19, 2014)

Docket sheet (downloaded Jan. 13, 2015)

Notice of Motion for Preliminary Injunction (Oct. 2, 2014)

New York’s Memorandum of Law in Support of its Motion for Preliminary Injunction (Sept. 24, 2014) (redacted version filed Oct. 30, 2014)

Memorandum in Opposition to Plaintiff’s Motion for Preliminary Injunction (Oct. 24, 2014) (redacted version filed Oct. 30, 2014)

Redacted Opinion (Dec. 11, 2014)

Order (Dec. 15, 2014)

Notice of Appeal (Dec. 16, 2014)

Appeal to the Second Circuit

Page Proof Brief of Defendants-Appellants (Under Seal) (Jan. 8, 2015) (redacted)

 

 

Amended Complaint (Nov. 5, 2014) (redacted version filed Dec. 10, 2014)

Notice of Defendants’ Motion to Dismiss (Nov. 7, 2014) (redacted version filed Dec. 10, 2014)

Memorandum in Support of Defendants’ Motion to Dismiss Amended Complaint (Nov. 7, 2014) (redacted version filed Dec. 10, 2014)

New York’s Opposition to Defendants’ Motion to Dismiss Amended Complaint (Nov. 21, 2014) (redacted version filed Dec. 11, 2014)

Reply Memorandum in Support of Defendants’ Motion to Dismiss Amended Complaint (Nov. 24, 2014) (redacted version filed Dec. 10, 2014)

→  Case Studies

CollegeNet
(private 2014)

Complaint, CollegeNET, Inc. v. Common Application, Inc., No. 3:14-cv-00771 (D. Or. May 8, 2014)

→  Case Studies

Warner Chilcott
(private 2012)

Complaint, Mylan Pharms. Inc. v. Warner Chilcott Pub. Ltd. Co., No. 12-3824 (E.D. Pa. filed July 6, 2012)

Direct Purchaser Class Plaintiffs’ Consolidated Amended Class Action Complaint, Mylan Pharms. Inc. v. Warner Chilcott Pub. Ltd. Co., No. 12-3824 (E.D. Pa. filed Aug. 17, 2012) (original complaint filed July 6, 2012)

Class Action Complaint, IBEW v. Warner Chilcott Pub. Ltd. Co., No. 12-5410 (E.D. Pa. filed Sept. 21, 2012) (indirect purchasers)

± Docket sheet (downloaded Nov. 28, 2012)

Defendant Warner Chilcott’s Motion to Dismiss Plaintiff Mylan’s Complaint and the Consolidated Amended Class Action Complaint (Oct. 1, 2012)

Memorandum of Law in Support of Defendant Warner Chilcott’s Motion to Dismiss (Oct. 1, 2012)

Exhibits in Support of Defendant Warner Chilcott’s Motion to Dismiss (Oct. 1, 2012)

Direct Purchaser Plaintiffs’ Summary Submission in Response to Defendants’ 12(b)(6) Motions (Oct. 9, 2012)

Plaintiff Mylan Pharmaceuticals Inc.’s Memorandum in Opposition to Defendants’ Motions to Dismiss (Nov. 15, 2012)

Direct Purchaser Plaintiffs’ Opposition to Defendants’ Motions to Dismiss (Nov. 15, 2012)

Order (Oct. 26, 2012) (granting request for consolidation)

Defendant Warner Chilcott’s Motion to Dismiss the IBEW Indirect Purchaser Class Action Complaint (Oct. 31, 2012)

Memorandum in Support of Defendant Warner Chilcott’s Motion to Dismiss the IBEW Indirect Purchaser Class Action Complaint (Oct. 31, 2012)

Plaintiff’s Opposition to Defendants’ Motion to Dismiss the IBEW Indirect Purchaser Class Action Complaint (Nov. 15, 2012)

Notice of Motion for Leave to File Brief as Amicus Curiae (Nov. 21, 2012) (filed by the FTC)

Federal Trade Commission Brief As Amicus Curiae

Defendants’ Memorandum In Opposition to Federal Trade Commission’s Motion for Leave to File Amicus Brief (Nov. 23, 2012)

→  Case Studies

Apple iPhone
(private 2011)

N.D. Cal.

Second Amended Consolidated Class Action Complaint, In re Apple iPhone Antitrust Litig., No. C 11-06714-YGR (N.D. Cal. filed Sept. 5, 2013) (original complaint filed Dec. 29, 2011)

Docket sheet (downloaded June 18, 2018)

Order Granting Apple’s Motion to Dismiss Second Amended Complaint with Prejudice (Dec. 2, 2013) (reported at 2013 WL 6253147)

Notice of appeal (Dec. 31, 2013)

Judgment (Jan. 7, 2014)

Ninth Circuit

In re Apple iPhone Litig., No. 15-15000 (9th Cir. docketed Jan. 2, 2017)

Docket sheet (downloaded June 19, 2018)

Opening Brief of Plaintiffs-Appellants (May 14, 2014)

Brief of Defendant-Appellee (July 11, 2014)

Reply Brief of Plaintiffs-Appellants (Aug. 25, 2014)

Opinion, In re Apple iPhone Litig., No. 15-15000 (9th Cir. Jan. 12, 2017) (reported at 846 F.3d 313)

Post Judgment Form

Mandate (May 12, 2017)

Supreme Court

Cert. petition: Apple, Inc. v. Pepper, No. 17-204 (U.S. docketed Aug. 2, 2017)

Question presented

± Supreme Court docket page

Petition for a Writ of Certiorari (Aug. 2, 2017)

Motion for Leave to File and Brief of Amicus Curiae Act The App Association in Support of Petitioner (Sept. 6, 2018)

Motion for Leave to File Brief and Brief of Washington Legal Foundation as Amicus Curiae in Support of Petitioner (Sept. 15, 2018)

Brief in Opposition (Sept. 6, 2017)

Reply Brief of Petitioner (Sept. 20, 2017)

Brief for the United States as Amicus Curiae (May 8, 2017)

Order list (June 18, 2018) (granting cert)

 

→  Case Studies

Pacific Seafood Group (Whaley)
(private 2010)

Complaint, Whaley Pacific Seafood Group, No.10-3057 (D. Or. filed June 22, 2010)

Docket sheet (downloaded Mar. 10, 2015)

Order (Mar. 1, 2012) (denying preliminary injunction to enjoin defendants from communicating with each other regarding fish prices)

Order (Jan. 31, 2012) (certifying class)

Stipulation and Resolution Agreement of Class Action Claims (Apr. 2, 2012)

Judgment and Order of Dismissal (May 21, 2012)

Order (May 22, 2012) (approving stipulation and resolution agreement, as amended and granting plaintiffs attorney's fees of $2,595,855 and costs of $304,145)

Attorenys' fees dispute

Unopposed Motion for Leave to Withdraw as Counsel (Feb. 15, 2012)

Complaint, Mayer Brown LLP v. Dulcich Inc. (d/b/a Pacific Seafood Group), No. 2012-CA-005830 (Sup. Ct. D.C. filed July 18, 2012)

Malpractice

Notice fo Removal (Jan. 2, 2013)

Second Amended Complaint (Professional Negligence - Declaratory Judgment – Contract), Dulcich, Inc. (d/b/a Pacific Seafood Group) v. Mayer Brown LLP, No. 3:13-cv-00003-ST (D. Or. filed Jan. 10, 2013)

Findings and Recommendations (Mar. 19, 2013)

Order (June 18, 2013)

Judgment of Remand (June 21, 2013)

→  Case Studies

Google—Europe

Joaquín Almunia, Vice President of the European Commission responsible for Competition Policy, Statement on the Google antitrust investigation (May 21, 2012).

Commentary:

± Nathan Newman, Why EU Antitrust Focus on Google and Data Portability Matters—and Why It's Probably Not Enough, Huffingtonpost.com (May 22, 2012).

→  Case Studies

Microsoft—U.S.
(DOJ 1998)

District court

Complaint, United States v. Microsoft Corp., (D.D.C. filed May 18, 1998)

YouTube has the video of the Gates deposition. Start ± here and then follow the thread. (The heading says United States v. Microsoft Trial, but it is really the deposition.)

United States v. Microsoft Corp., Civ. A. No. 98-1232(D.D.C. Nov. 5, 1999) (findings of fact) (reported at 84 F. Supp. 2d 9)

United States v. Microsoft Corp., Civ. A. No. 98-1232 (D.D.C. Apr. 3, 2000) (conclusions of law) (reported at 87 F. Supp. 2d 30)

United States v. Microsoft Corp., Civ. A. No. 98-1232(D.D.C. 2000) (remedy) (reported at 97 F. Supp. 2d 59)

Final Judgment

D.C. Circuit

± United States v. Microsoft Corp., 253 F.3d 54 (D.C. Cir. 2001), aff'g in part, rev'g in part, and remanding in part, 87 F. Supp. 2d 30 (D.D.C. 2000)

DOJ Settlement

United States v. Microsoft Corporation; Revised Proposed Final Judgment and Competitive Impact Statement, 66 Fed. Reg. 59,452 (Nov. 28, 2001)

United States v. Microsoft Corporation; Public Comments, 67 Fed. Reg. 23,654 (May 3, 2002)

United States v. Microsoft Corp., 215 F. Supp. 2d 1, 23 (D.D.C. 2002)

Opinion, United States v. Microsoft Corp., No. Civ. A. No. 98-1232 (D.D.C. Nov. 12, 2002) (reported at 231 F.Supp.2d 144) (final consent decree)

Final Judgment, United States v. Microsoft Corp., No. Civ. A. No. 98-1232 (D.D.C. Nov. 12, 2002) (for settling plaintiffs United States, Illinois, Kentucky, Louisiana, Maryland, Michigan, New York, North Carolina, Ohio, and Wisconsin)

Appeal by nonsettling plaintiffs

Massachusetts v. Microsoft Corp., No. 02-7155 (D.C. Cir. June 30, 2004)

± DOJ web page

Commentary:

± William H. Page, Microsoft and the Limits of Antitrust (University of Florida Legal Studies Research Paper No. 2009-40, 2009), final version at 6 J. Competition L. & Econ. 33 (2009)

± A. Douglas Melamed & Daniel Rubinfeld, U.S. v. Microsoft: Lessons Learned and Issues Raised, in Antitrust Stories 287 (Eleanor M. Fox & Daniel A. Crane eds., 2007)

± Daniel L. Rubinfeld, Maintenance of Monopoly: U.S. v. Microsoft (2001), in The Antitrust Revolution 530 (John E. Kwoka, Jr. & Lawrence J. White eds., 5th ed., 2009)

± Carl Shapiro, Microsoft: A Remedial Failure, 75 Antitrust L.J. 739 (2009)

± David S. Evans, Albert L. Nichols & Richard Schmalensee, U.S. v. Microsoft: Did Consumers Win? (NBER Working Paper No. 11727, Oct. 2005)

± Franklin M. Fisher & Daniel L. Rubinfeld, U.S. v. Microsoft - An Economic Analysis, Antitrust Bull., Spring 2001, at 1.

± Richard J. Gilbert & Michael L. Katz, An Economist’s Guide to U.S. v. Microsoft, 15 J. Econ. Perspectives 25 (2001)

Benjamin Klein, The Microsoft Case: What Can a Dominant Firm Do to Defend Its Market Position?, 15 J. Econ. Perspectives 45 (2001)

± Michael Whinston, Exclusivity and Tying in U.S. v. Microsoft: What We Know, and Don't Know, 15 J. Econ. Perspectives 63 (2001)

± Timothy F. Bresnahan, A Remedy that Falls Short of Restoring Competition, Antitrust, Fall 2001, at 67.

Videos:

± US v Microsoft: 10 Years Later - David Boies

→  Case Studies

Microsoft—EU

European Comm'n, Press Release No. IP/00/906, Commission opens proceedings against Microsoft's alleged discriminatory licensing and refusal to supply software information (Aug. 3, 2000).

European Comm'n, Press Release No. IP/03/1105, Commission gives Microsoft last opportunity to comment before concluding its antitrust probe (Aug. 6, 2003).

Opinion of the Advisory Committee on restrictive practices and dominant positions given at its 370th meeting on 15 March 2004 concerning a preliminary draft decision in Case COMP/C-3/37.792 — Microsoft, 2007 O.J. (/C 26) 2 (EC).

Final report of the hearing officer in Case COMP/C-3/37.792 — Microsoft, 2007 O.J. (C 26) 4 (EC) (from Mar. 18, 2004).

Case COMP/C-3/37.792, Microsoft, Commission decision of 24 March 2004 (prohibition decision).

European Comm'n, Press Release No. IP/04/382, Commission concludes on Microsoft investigation, imposes conduct remedies and a fine (Mar. 24, 2004).

 

 

± EU web page

Commentary

± Key dates in EU antitrust action against Microsoft, BloombergBusinessweek.com (July 17, 2012).

± Kevin J. O'Brien, European Antitrust Deal With Microsoft Barely Affects Browser Market, NYTimes.com, Oct. 10, 2010.

→  Case Studies

Novell—Microsoft
—Utah complaint and MDL transfer to D. Maryland

Complaint, Novell, Inc. v. Microsoft Corp., No. 2:04-cv-01045-JFM (D. Utah filed Nov. 12, 2004)

Docket sheet (downloaded Dec. 17, 2011)

MDL transfer and remand

Transfer Order (JPML Apr. 18, 2005) (transferring case to Maryland, MDL Dkt. No. 1332, for pretrial proceedings)

→  Case Studies

—Maryland consolidated pretrial proceedings

In re Microsoft Corp. Windows Operating System Antitrust Litig., MDL No. 1332 (D. Md. filed ____)

MDL transfer

Transfer Order (JPML Apr. 18, 2005) (transferring D. Utah case to D. Maryland, MDL Dkt. No. 1332, for pretrial proceedings)

MDL docket sheet (downloaded Mar. 31, 2010)

District court (through motion to dismiss)

MDL docket sheet (downloaded July 17, 2012)

Opinion (Jan. 12, 2001) (ruling on Microsoft Motion to Dismiss and Plaintiffs' Motion to Remand)

Supplemental Opinion (Feb. 15, 2001)

Letter opinion (June 10. 2005)

Order Granting in Part and Denying in Part Microsoft's Motion to Dismiss; Counts II, III, IV, and V are dismissed and Counts I and VI are not dismissed (June 10, 2005)

Memorandum (Aug. 19, 2005) (certifying interlocutory appeal)

Appeal (dismissal)

Novell, Inc. v. Microsoft Corp., Nos. 06-1134, 06-1238 (4th Cir. 2007) (reported as 505 F.3d 302) (affirming district court rulings)

 

District court (summary judgment)

Opinion, Novell, Inc. v. Microsoft Corp., MDL No. 1332, Civ. No. JFM-05-1087 (D. Md. Mar. 30, 2010) (granting defendant's motion for summary judgment)

Order, Novell, Inc. v. Microsoft Corp., MDL No. 1332, Civ. No. JFM-05-1087 (D. Md. Mar. 30, 2010)

Notice of Appeal (Apr. 23, 2010)

Fourth Circuit appeal (summary judgment)

Brief of Appellant Novell, Inc. (Aug. 6, 2010)

Microsoft’s Motion to Strike Certain Documents from the Joint Appendix and Any References to Such Documents from Novell’s Brief (Aug. 11, 2010)

Novell’s Opposition to Microsoft’s Motion to Strike (Aug. 24, 2010)

Microsoft’s Reply Memorandum in Support of its Motion to Strike Certain Documents from the Joint Appendix and Any References to Such Documents from Novell’s Brief (Aug. 27, 2010)

Order (Aug. 30, 2010) (granting motion to strike)

Conforming Brief of Appellant Novell, Inc. (Sept. 7, 2010)

Brief of Appellee Microsoft Corporation (Sept. 17, 2010)

[Reply brief] (Oct. 4, 2010)

± Oral argument (Mar. 22, 2011)

Opinion, Novell, Inc. v. Microsoft Corp., No. 10-1482 (4th Cir. May 3, 2011) (unpublished) (reversing and remanding for jury trial)

→  Case Studies

—Utah remand

MDL remand

Conditional Remand Order (JPML June 30, 2011)

Joint Stipulation Regarding the Record on Remand (July 18, 2011)

Designation and Assignment of a Senior United States Judge for Service in Another Circuit (10th Cir. July 18, 2011) (assigning Judge Motz of the District Court for the District of Maryland, who presided over the MDL consolidated pretrial proceedings, to be the trial judge for the remanded action in the District of Utah pursuant to 28 U.S.C. § 294(d))

Novell's motion seeking collateral estoppel

Novell’s Renewed Motion Seeking Collateral Estoppel (Aug. 8, 2011)

Memorandum in Support of Novell's Renewed Motion Seeking Collateral Estoppel (Aug. 8, 2011)

Appendix A
Appendix B
Appendix C
Exhibit 1: Letter to the parties from the Court (D. Md) re Novell's motion seeking collateral estoppel (Dec. 3, 2008)
Exhibit 2 (part a): Declaration of Roger G. Noll (May 1, 2009)
Exhibit 2 (part b): Declaration of Roger G. Noll (May 1, 2009)
Exhibit 3: Reply Report of Roger G. Noll (July 24, 2009)
Proposed Order

Microsoft’s Memorandum in Opposition to Novell’s Renewed Motion Seeking Collateral Estoppel (Aug. 22, 2011)

Appendix A
Appendix B
Appendix C

Reply Memorandum in Support of Novell’s Renewed Motion Seeking Collateral Estoppel (Sept. 1, 2011)

Letter to the parties from the Court re tentative conclusions about collateral estoppel effect (Oct. 4, 2011)

Microsoft’s Memorandum Concerning the Court’s October 4, 2011 Collateral Estoppel Ruling (Oct. 5, 2011)

 

Juror questionnaire:

Novell’s Proposed Jury Questionnaire (Sept. 15, 2011)

Exhibit 1: Jury Questionnaire—no objections

Exhibit 2: Jury Questionnaire—additional questions

Microsoft’s Proposed Supplemental Juror Questionnaire (Sept. 15, 2011)

Exhibit A: Supplemental Juror Questionnaire (containing all questions proposed both by defendant and plaintiff)
Exhibit B: Supplemental Juror Questionnaire (Microsoft’s proposed Supplemental Juror Questionnaire, highlighting Microsoft’s questions to which Novell objects and underlining the four questions newly proposed by Novell to which Microsoft does not object)
Exhibit C: Juror questionnaire used at trial in the prosecution of Brian David Mitchell (charged with kidnapping Elizabeth Smart)
Exhibit D: Juror questionnaire used at trial in the prosecution of Tim DeChristopher

Juror Questionnaire (Oct. 5, 2011) (final presented to and filled out by 161 potential jurors)

Voir dire:

Microsoft’s Proposed Group Voir Dire (Sept. 15, 2011)

Exhibit A

Jury instructions:

Microsoft’s Memorandum Objecting to Novell’s Proposed Preliminary Jury Instructions and in Support of Microsoft’s Proposed Preliminary Jury Instructions (Sept. 12, 2011)

Letter to Judge Mortz from Novell re premature filing by Microsoft (Sept. 13, 2011)

Novell’s Memorandum in Support of Proposed Jury Instructions and in Opposition to Certain of Microsoft’s Proposed Jury Instructions (Sept. 23, 2011)

Memorandum in Support of Microsoft’s Proposed Jury Instructions and in Opposition to Novell’s Proposed Jury Instructions (redacted version filed Sept. 26, 2011)

Novell’s Memorandum Regarding Additional Authorities in Support of Proposed Jury Instructions and in Opposition to Certain of Microsoft’s Proposed Jury Instructions (Sept. 27, 2011)

Microsoft’s Supplemental Memorandum in Support of its Proposed Jury Instructions and in Opposition to Novell’s Proposed Jury Instructions (Sept. 28, 2011)

Novell’s Modified Proposed Final Jury Instruction No. 17 (Oct. 6, 2011)

Memorandum to the parties from Judge Motz regarding preliminary jury instructions and middleware theory (Oct. 11, 2011)

Microsoft’s Memorandum Concerning the Court’s Tentative Views about Preliminary Jury Instructions (Oct. 13, 2011)

Novell's Memorandum Regarding the Court's Proposed Jury Instruction No. 1 (Oct. 13, 2011)

Trial:

Jurors selected (Oct. 17, 2011)
Trial begins (Oct. 18, 2011)
Plaintiff rests (Nov. 17, 2011)

Motion for Judgment as a Matter of Law (Nov. 17, 2011)

Microsoft’s Memorandum in Support of its Motion for Judgment as a Matter of Law (Nov. 17, 2011)

Novell’s Opposition to Judgment as a Matter of Law (Nov. 18, 2011)

Trail resumes (Nov. 21, 2011)

Microsoft’s Revised Proposed Final Jury Instructions (Dec. 5, 2011)

Letter to Judge Mortz from Microsoft explaining revised proposed jury instructions (Dec. 5, 2011)

Microsoft’s Proposed Special Verdict Form (Dec. 5, 2011)

Novell's Memorandum Regarding Proposed Final Jury Instructions and Verdict Forms (Dec. 6, 2011)

Microsoft’s Memorandum in Response to Novell’s Proposed Final Jury Verdict Forms (Dec. 6, 2011)

Novell’s Objections and Suggestions Regarding the Court’s Tentative Jury Instructions and Verdict Form (Dec. 7, 2011)

Exhibit A: Redlined version of the Court’s tentative instructions indicating Novell’s proposed changes
Exhibit B: Novell's proposed verdict form

Letter to the Court from Microsoft regarding jury instructions (Dec. 7, 2011)

Exhibit A: Microsoft's Handwritten Markup of Proposed Jury Instructions

Exhibit B: Microsoft's Handwritten Markup of Proposed Jury Verdict Form

Letter to the Court from Novell re Response to Microsoft's letter of Dec. 7, 2011 regarding jury instructions (Dec. 8, 2011)

Letter to the Court from Microsoft regarding jury instructions (Dec. 8, 2011)

Letter to the Court from Novell re Response to Microsoft's letter of Dec. 8, 2011 regarding jury instructions (Dec. 9, 2011)

Letter to the Court from Microsoft regarding jury instructions (Dec. 9, 2011)

Letter to the Court from Novell re Response to Microsoft’s letter of Dec. 9, 2011 regarding jury instructions (Dec. 12, 2011)

Letter to the Court from Microsoft regarding jury instructions (Dec. 12, 2011)

Exhibit A: Microsoft's Handwritten Suggested Revisions to the Verdict Form

Exhibit B: Microsoft's Handwritten Suggested Revisions to the Jury Instructions

Letter to the Court from Novell re Response to Microsoft's letter of Dec. 12, 2011 regarding jury instructions (Dec. 12, 2011)

Exhibit A: Novell's Proposed Changes to Verdict Form

Exhibit B: Novell's Proposed Changes to Jury Instructions

Jury Trial Witness List (Dec. 13, 2011) (by the Court)

Evidence closes and closing argument made (Dec. 13, 2011)
Jury instructions given by the court (Dec. 14, 2011)

Docket Text: Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial completed on 12/16/2011. Jury deliberations continue at 8:00 a.m. Jury question received @ 9:15 a.m. At 4:22 p.m., the jury foreman sends the Court a note indicating the jury cannot reach a unanimous verdict. Jurors are brought into the courtroom @ 4:30 p.m. and questioned by Judge Motz. The Court declares at mistrial @ 4:35 p.m. Jurors are excused and thanked for their service (Dec. 16, 2011).

Microsoft’s Renewed Motion for Judgment as a Matter of Law (Jan. 13, 2012)

Microsoft’s Memorandum in Support of its Renewed Motion for Judgment as a Matter of Law (Feb. 3, 2012)

Novell’s Opposition to Microsoft’s Renewed Motion for Judgment as a Matter of Law (Mar. 9, 2012)

Microsoft’s Reply Memorandum in Further Support of its Renewed Motion for Judgment as a Matter of Law (Mar. 30, 2012)

Opinion, Novell, Inc. v. Microsoft Corp., MDL No. 1332, Civ. No. JFM-05-1087 (D. Md. July 16, 2012)

Order, Novell, Inc. v. Microsoft Corp., MDL No. 1332, Civ. No. JFM-05-1087 (D. Md. July 16, 2012) (granting Microsoft's Rule 50(b) motion and entering judgment for Microsoft)

 

Appeal

Novell, Inc. v. Microsoft Corp., No. 12-4143 (10th Cir. Sept. 23, 2013)

Docket sheet (downloaded Oct. 8, 2013)

Appellant’s Opening Brief (Nov. 21, 2012)

Brief of Defendant-Appellee Microsoft Corporation (Jan. 23, 2013)

Appellant’s Reply Brief (Feb. 22, 2013)

Opinion (Sept. 23, 2013) (affirming judgment below)

Judgment (Sept. 123, 2013)

 

Commentary:

± Groklaw.com, Novell v. MS Antitrust Timeline

± Groklaw.com, Closing Arguments in the Novell v. Microsoft's Antitrust Trial (Dec. 14, 2011)

± Joel Rosenblatt & Shelley Osterloh, Novell-Microsoft Trial Over WordPerfect Ends as Jurors Deadlock, Bloomberg BusinessWeek.com, Dec. 17, 2011 (reporting that the vote was 11-1 against Microsoft)

± Tom Harvey, Judge declares hung jury in Novell-Microsoft trial, Salt Lake Tribune, Dec. 16

± Dennis Romboy, Lone holdout deadlocks jury in 2-month Novell-Microsoft trial, Deseret News.com, Dec. 16, 2011.

→  Case Studies

AMD-Intel

Complaint, Advanced Micro Devices Inc. v. Intel Corp., No. 1:05-cv-00441-JJF (D. Del. filed (case terminated through settlement Dec. 1, 2009)

Docket sheet (downloaded Feb. 26, 2011)

Plaintiffs' Motion for Leave to Serve Document Preservation Subpoenas (July 1, 2005)

Proposed Order (so ordered July 1, 2005)

Answer (Sept. 1, 2005)

Transfer Order (J.P.M.L. Nov. 8, 2005) (filed Nov. 9, 2005)

Stipulation and Protective Order Regarding Expert Discovery (Apr. 27, 2006) (so ordered May 1, 2006)

Stipulation and Order of Dismissal with Prejudice (Dec. 1, 2009)

Exhibit A: Settlement Agreement Between Advanced Micro Devices, Inc. and Intel Corporation (signed Nov. 11, 2009)

→  Case Studies

Intel-AMD insurance

Intel's claim for insurance coverage

First Amended Complaint for Declaratory Relief, Breach of Contract and Bad Faith, Intel Corp. v. American Guar. & Liab. Ins. Co., No. 5:09-cv-00299 (N.D. Cal. filed Jan. 28, 2009)

Docket sheet (downloaded June 30, 2010)

Order (1) Denying Motion to Dismiss or Stay and (2) Granting Motion to Intervene (June 11, 2009)

Defendant American Guarantee and Liability Insurance Company's Answer and Affirmative Defenses to the First Amended Complaint (June 25, 2009)

→  Case Studies

Intel—FTC

Administrative Complaint, In re Intel Corp., Dkt. No. 9341 (FTC filed Dec. 16, 2009) (FTC news release)

Statement of Chairman Leibowitz and Commissioner Rosch
Concurring and Dissenting Statement of Commissioner Rosch

± Intel Conference Call Regarding U.S. FTC Suit (Doug Melamed, Intel senior president and general counsel) (Dec. 16, 2009)

Motion of Intel Corporation For Disqualification of Commissioner J. Thomas Rosch [Redacted Public Version] (Dec. 15, 2009)

Opinion and Order of the Commission Denying Motion For Disqualification [Redacted Public Version] (Jan. 19, 2010) (including Attachment A: Statement of Commissioner Rosch on Respondent's Motion for Disqualification [Redacted Public Version])

Answer of Respondent Intel Corporation (Public) (Dec. 31, 2009)

Administrative Law Judge’s Protective Order Governing Discovery Material (Dec. 16, 2009)

Administrative Law Judge’s Scheduling Order (Jan. 14, 2010)

Stipulation Between Intel and Complaint Counsel Regarding Respondent's Production of Documents and Electronically Stored Information in Response to Complaint Counsel's First Set of Requests for Production (Jan. 29, 2010) (public version)

Complaint Counsel's First Set of Requests for Admission (1-23) (Feb. 17, 2010) (public version)

Respondent's Answers and Objections to Complaint Counsel's First Set of Requests for Admission (Mar. 1, 2010) (public version)

Motion of Intel Corporation for Protective Order Pursuant to Rules 3.33(b) and 3.31(d) - Public (Mar. 17, 2010) (seeking limitations to FTC's "Rule 30(b)(6)" deposition notice)

Complaint Counsel's Opposition to Respondent's Motion For a Protective Order (Mar. 24, 2010)

Order (Mar. 26, 2010)

 

Complaint Counsel's Motion to Admit European Commission Decision (Mar. 17, 2010)

Memorandum in Opposition to Complaint Counsel's Motion to Admit European Commission Decision (Apr. 12, 2010)

Complaint Counsel's Reply Memorandum in Support of Motion to Admit EC Decision (Apr. 26, 2010)

Complaint Counsel's Answers and Objections to Respondent's First Set of Requests for Admission (May 5, 2010)

Respondent Intel Corporation's Second Set of Requests for Admission Issued to Complainant Federal Trade Commission (10-100) (June 1, 2010)

Respondent's Answers and Objections to Complaint Counsel's Second Set of Requests for Admission (June 1, 2010)

Joint Motion to Withdraw Matter from Adjudication [Redacted Public Version] (June 21, 2010)

Order Withdrawing Matter From Adjudication For The Purpose Of Considering A Proposed Consent Agreement (June 21, 2010)

Agreement Containing Consent Order (Aug. 4, 2010)

Decision and Order (Aug. 4, 2010)

Analysis of Proposed Consent Order To Aid Public Comment (Aug. 4, 2010)

News Release (Aug. 4, 2010)

Federal Register notice (Aug. 10, 2010)

± Public comments

Final Decision and Order (Nov. 2, 2010) (news release)

± Jeffrey Burt, FTC Modifies Intel Antitrust Settlement, eWeek.com, Nov. 3, 2010

± Shane McGlaun, FTC Modifies Antitrust Settlement with Intel to Allow "Oak Trail" to Ship, DailyTech.com, Nov. 4, 2010

± Don Clark & Brent Kendall, Intel Settles Antitrust Case, WSJ.com | Tech, Aug. 5, 2010

 

± FTC web page
± Intel Corp., Competition in the Innovation Economy web page

Commentary

± Joshua S. Gans, Intel and Blocking Practices (2010), in The Antitrust Revolution 413 (John E. Kwoka, Jr. & Lawrence J. White eds., 6th ed. 2014).

± Joshua D. Wright, Does Antitrust Enforcement In High Tech Markets Benefit Consumers? Stock Price Evidence from FTC v. Intel (Jan. 2011).

± J. Thomas Rosch, Comm'r, Fed. Trade Comm'n, Intel, Apple, Google, Microsoft, and Facebook: Observations on Antitrust and the High-Tech Sector, Remarks Before the ABA Antitrust Section Fall Forum, Washington, D.C. (Nov. 18, 2010).

± Joshua D. Wright, An Antitrust Analysis of the Federal Trade Commission’s Complaint Against Intel (George Mason Law & Economics Research Paper No. 10-27, June 14, 2010).

± Daniel A. Crane, Predation Analysis and the FTC's Case Against Intel (University of Michigan Law & Economics Empirical Legal Studies Center Paper No. 10-014, May 25, 2010).

± Keith N. Hylton, Intel and the Death of U.S. Antitrust Law (Boston U. School of Law Working Paper No. 10-06, Mar. 15, 2010), final version at 2 CPI Antitrust J. __ ( Feb. 2010).

± Robert H. Lande, FTC v. Intel: Applying the 'Consumer Choice' Framework to 'Pure' Section 5 Allegations, 2 CPI Antitrust J. 1 ( Feb. 2010).

± Herbert J. Hovenkamp, The FTC's Anticompetitive Pricing Case Against Intel (Feb. 1, 2010).

± Daniel A. Crane, Reflections on Section 5 of the FTC Act and the FTC’s Case against Intel (U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 10-001, Jan. 19, 2010).

± Antitrust & Competition Law Blog, FTC Act Section 5 Blog Symposium on Intel Case (Jan. 10, 2010).

± Robert D. Willig, Jonathan M. Orszag & Gilad Levin, An Economic Perspective on the Antitrust Case against Intel, Report Commissioned by the Computer & Communications Industry Ass'n (Oct. 2009).

± PC World, Intel and Antitrust: A Brief History, Feb. 14, 2008.

<

→  Case Studies

Intel—NY

Complaint, New York v. Intel Corp., Civ. A. No. 09-827 (LPS) (D. Del. filed Nov. 4, 2009)

Docket sheet (downloaded Dec. 27, 2011)

Answer (Jan. 12, 2010)

Intel Corporation's Motion under Rule 12(c) for Dismissal with Respect to New York's Donnelly Act Damages Claim on Behalf of Consumers (May 27, 2011)

Intel Corporation's Memorandum of Law in Support of its Motion under Rule 12(c) for Dismissal with Respect to New York's Donnelly Act Damages Claim on Behalf of Consumers (May 27, 2011)

Plaintiff’s Opposition to Defendant’s Motion under Rule 12(c) for Dismissal with Respect to New York’s Donnelly Act Damages Claim on Behalf of Consumers (Aug. 3, 2011)

Intel Corporation's Reply Memorandum in Support of its Motion under Rule 12(c) for Dismissal with Respect to New York's Donnelly Act Damages Claim on Behalf of Consumers (Aug. 17, 2011)

Memorandum Opinion (Dec. 7, 2011) (granting motion and dismissing claims)

Order (Dec. 7, 2011)

Motion under Rule 17(a), Rule 12(b)(1), Rule 12(b)(6), and Rule 12(e) for Dismissal with Respect to New York's Claims on Behalf of Non-State Public Entities (May 27, 2011)

Intel Corporation's Memorandum of Law in Support of its Motion under Rule 17(a), Rule 12(b)(1), Rule 12(b)(6), and Rule 12(e) for Dismissal with Respect to New York's Claims on Behalf of Non-State Public Entities (June 3, 2011) (public version)

Plaintiff’s Opposition to Defendant’s Motion under Rule 12(c) for Dismissal with Respect to New York’s Donnelly Act Damages Claim on Behalf of Non-State Public Entities (Aug. 3, 2011)

Intel Corporation's Reply Brief in Support of its Motion under Rule 17(a), Rule 12(b)(1), Rule 12(b)(6), and Rule 12(e) for Dismissal with Respect to New York's Claims on Behalf of Non-State Public Entities (Aug. 17, 2011)

Memorandum Opinion (Dec. 7, 2011) (granting motion)

Order (Dec. 7, 2011)

Motion for Partial Summary Judgment on Statute of Limitations Grounds (May 27, 2011)

Intel Corporation's Memorandum of Law in Support of its Motion for Partial Summary Judgment on Statute of Limitations Grounds (June 3, 2011) (redacted)

Plaintiff's Opposition to Defendant's Motion for Partial Summary Judgment on Statute of Limitations Grounds (Aug. 3, 2011)

Memorandum Opinion (Dec. 7, 2011) (granting partial summary judgment and applying Delaware’s three-year statute of limitations and not New York’s longer period)

Order (Dec. 7, 2011)

Motion for Summary Judgment Intel Corporation's Motion for Summary Judgment Based on the Lawfulness of its Discounting Practices (Oct. 14, 2011)

Intel Corporation's Memorandum of Law in Support of its Motion for Summary Judgment Based on the Lawfulness of its Discounting Practices (Oct. 27, 2011) (redacted)

New York's Combined Opposition to Defendant's Motions for Summary Judgment (D.I. 231 & 234) (Nov. 23, 2011) (public version)

Motion for Summary Judgment Due to Lack of Anticompetitive Exclusion, Antitrust Injury and Measurable Damages (Oct. 14, 2011)

Intel Corporation's Memorandum of Law in Support of its Motion for Summary Judgment Due to Lack of Anticompetitive Exclusion, Antitrust Injury and Measurable Damages (Oct. 27, 2011) (redacted)

New York’s Combined Opposition to Defendant’s Motions for Summary Judgment (D.I. 231 & 234) (Nov. 23, 2011) (public version)

Intel Corporation's Motion to Exclude the Testimony of Dr. Frederick Warren-Boulton (Oct. 14, 2011)

Intel Corporation's Memorandum of Law in Support of its Motion to Exclude the Testimony of Dr. Frederick Warren-Boulton (Oct. 27, 2011) (redacted)

New York's Memorandum in Opposition to Intel's Motion to Exclude Testimony of Dr. Frederick Warren-Boulton (Nov. 23, 2011) (public version)

Reply Brief in Support Intel Corporation's Motion to Exclude Testimony of Dr. Frederick Warren-Boulton (Dec. 15, 2011) (public version)

Supplemental Motion or Summary Judgment (Dec. 22, 2011)

 

 

Letter to Hon. Leonard Stark from Plaintiff State of NY regarding Proposal on Moving the Case Forward (Dec. 22, 2011) (proposing that New York dismiss its federal law claims, thereby divesting the court of original jurisdiction, and that the court should dismiss the state law claims without prejudice so that New York can pursue these claims in state court)

Order Cancelling Trial, Vacating Scheduling Order, and Staying Case (Dec. 23, 2011)

Commentary

± John Ribeiro, Intel Antitrust Case May Be Headed to New York Court, PCWorld.com (December 27, 2011).

→  Case Studies

Intel—EU

Case No. COMP/C-3 /37.990, Intel, Commission decision of May 13, 2009 (provisional non-confidential version released Sept. 21, 2009). DO NOT download this without looking at it first—the decision is 518 pages long! (The unredacted decision is 542 pages.)

EC web site

Press release IP/09/745, European Comm'n, Antitrust: Commission imposes fine of €1.06 on Intel for abuse of dominant position; orders Intel to cease illegal practices (May 13, 2009)
Press memorandum MEMO/09/235, European Comm'n, Antitrust: Commission imposes fine of 1.06 billion euros on Intel for abuse of dominant position; orders Intel to cease illegal practices - questions and answers (May 13, 2009)

European Comm'n, Summary of Commission Decision
Press memorandum MEMO/09/400, European Comm'n, Antitrust: Commission publishes decision concerning Intel's abuse of dominant position (Sept. 21, 2009)

± Brice Allibert, Gabor Bartha, Barbara Bösze, Corneliu Hödlmayr, Damian Kaminski & Marieke Scholz, Commission Finds Abuse of Dominance in the Intel Case, Competition Policy Newsletter 2009-3.

± Damien Geradin, The Decision of the Commission of 13 May 2009 in the Intel Case: Where is the Foreclosure and Consumer Harm? (Oct. 16, 2009)

± Robert H. Lande, The Price of Abuse: Intel and the European Commission Decision, GCP, June 2009.

→  Case Studies

United Regional Health Care System

Complaint, United States v. United Regional Health Care System, No. 7:11-cv-00030-O (N.D. Tex. filed Feb. 25, 2011) (press release)

[Proposed] Final Judgment (Feb. 25, 2011) (stipulation)

Competitive Impact Statement (Feb. 25, 2011)

± DOJ web page

→  Case Studies

iPod litigation
(private 2005)

Consolidated Complaint for Violations of Sherman Antitrust Act, Clayton Act, Cartwright Act, California Unfair Competition Law, Consumer Legal Remedies Act, and California Common Law of Monopolization, In re Apple iPod ITunes Antitrust Litig., No. 4:05-cv-00037-YGR (N.D.. Cal. Apr. 19, 2007) (original complaint filed Jan. 3, 2005)

Docket sheet (downloaded Aug. 14, 2014)

Order Consolidating Related Cases; Appointing Co-Lead Counsel (Mar. 21, 2007)

Order Granting Plaintiffs’ Motion for Class Certification as to Counts Two, Three, Four, Five, Six and Seven Only and Appointing Class Counsel; Sua Sponte Order Reconsidering Defendant’s Motion to Dismiss Count One and Requiring Further Briefing (Dec. 22, 2008) (reported at 2008 WL 5574487)

Order Vacating Case Management Conference; Clarifying and Correcting Class Certification Order; Setting Briefing Schedule (Jan. 15, 2009) (reported at 2009 WL 249234)

Order Granting in Part Defendant’s Motion for Judgment on the Pleadings; Ordering Supplemental Briefing (May 15, 2009) (dismissing per se tying as a permissible basis for Plaintiffs’ Section 1 claims)

Order Granting Defendant’s Motion for Judgment on the Pleadings as to the First Cause of Action for Violations of Section 1 of the Sherman Act and the Fifth Cause of Action for Violations of the Cartwright Act (Oct. 30, 2009)

Order Decertifying Classes Without Prejudice to Being Renewed; Inviting Further Motions (Dec. 12, 2009)

Amended Consolidated Complaint for Violations of Sherman Antitrust Act, Clayton Act, Cartwright Act, California Unfair Competition Law, Consumers Legal Remedies Act, and California Common Law of Monopolization, In re Apple iPpod ITunes Anti-Trust Litig., No. 4:05-cv-00037-YGR (N.D.. Cal. Jan. 26, 2010) (original complaint filed Jan. 3, 2005)

Order Granting in Part and Denying in Part Defendant’s Motion to Dismiss; Denying as Premature Defendant’s Motion for Summary Judgment; Granting Indirect Purchaser Plaintiff Leave to File an Amended Complaint (June 29, 2010) (reported as 2010 WL 2629907)

Order Granting in Part and Denying in Part Defendant’s Motion for Summary Judgment; Denying as Premature Plaintiffs’ Motion for Class Certification (May 19, 2011) (reported as 796 F. Supp. 2d 1137)

 

Defendant’s Notice of Motion and Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll (Dec. 21, 2013)

→  Case Studies

Rambus
(FTC 2002)

FTC

Complaint, In re Rambus Inc., No. 9302 (F.T.C. filed June 18, 2002) (FTC news release issued June 19, 2002)

Initial Decision (Feb. 24, 2004) (Chief Administrative Law Judge Stephen J. McGuire) (dismissing complaint) (FTC press release issued Feb. 24, 2004)

Order of the Administrative Law Judge Dismissing the Complaint (Feb. 17, 2004)

Opinion of the Commission (Aug. 2, 2006) (FTC news release issued Aug. 2, 2006)

Order Reversing and Vacating Initial Decision and Accompanying Order, Scheduling Supplemental Briefing on Issues of Remedy, and Denying Complaint Counsel's Motion for Sanctions (Aug. 2, 2006)

Concurring Opinion of Commissioner Jon Leibowitz (Aug. 2, 2006)

Opinion of the Commission on Remedy (Feb. 5, 2007) (FTC press release issued Feb. 5, 2007)

Final Order (Feb. 5, 2007)

Remedy Statement of Commissioner Pamela Jones Harbour, Concurring in Part and Dissenting in Part (Feb. 5, 2007)

Statement of Commissioner J. Thomas Rosch, Concurring in Part and Dissenting in Part (Feb. 5, 2007)

Order Granting in Part and Denying in Part Respondent’s Motion for Stay of Final Order Pending Appeal (Mar. 16, 2007)

D.C. Circuit

Docket sheet (downloaded Nov. 16, 2014)

Final Brief for Petitioner Rambus Inc. (Jan. 11, 2008)

Final Brief for Respondent Federal Trade Commission (Jan. 11, 2008)

Final Reply Brief for Petitioner Rambus Inc. (Jan. 11, 2008)

Rambus Inc. v. FTC, No. 07-1086 (D.C. Cir. Apr. 22, 2008) (reported at 522 F.3d 456) (setting aside FTC order)

Petition of Respondent Federal Trade Commission for Rehearing en banc (June 6, 2008)

 

FTC

Order Authorizing Respondent to Receive Excess Consideration Held Pursuant to Contingent Contractual Obligations (Oct. 16, 2008)

Order Returning Matter to Adjudication and Dismissing Complaint (May 12, 2009) (FTC news release issued May 14, 2009)

± FTC web page

→  Case Studies

 

15. Merger risk

17. Price predation