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Articles Posted in BigTech

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The Apple Store is in the Crosshairs of US and EU Antitrust and Competition Enforcers

Author: Luis Blanquez Apple is currently feeling the heat from antitrust authorities all over the world. Probably more than ever. Below is an article we recently published in the Daily Journal discussing in some detail the last developments in the Epic Games saga, both in the EU and the US.…

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The FTC Keeps Digging Its Own Grave: Microsoft-Activision Merger Deal Can Move Ahead Says Federal Judge in California

Authors: Steve Cernak and  Luis Blanquez This week a federal judge in California denied a preliminary injunction to block Microsoft’s $68.7 billion merger with Activision Blizzard Inc. Both parties may now move ahead and close the deal––subject to further clearance in the UK and Canada––before the July 18 contractual deadline.…

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Antitrust, Web3 and Blockchain Technology: A Quick Look into the Refusal to Deal Theory as Exclusionary Conduct

Author: Luis Blanquez A company using a blockchain––or perhaps even the blockchain itself––, with a sizeable share of a market, could be a monopolist subject to U.S. antitrust laws. But monopoly by itself isn’t illegal. Rather, a company must use its monopoly power to willfully maintain that power through anticompetitive exclusionary conduct.…

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Antitrust for Kids: If You Write A Bad Note, Live with It: Document Preservation in Antitrust Cases

Author:  Molly Donovan Gordon was recognized as dominant in the 5th grade class. He had the greatest share of friends and ran the fastest. He was the smartest and won the most academic awards at the end of each school year. He was always chosen as the lead in every…

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Meta/Within Merger Antitrust Opinion: Cutting Edge Tech, Vintage Precedent

Authors: Steven Cernak and Luis Blanquez Earlier in February 2023, the Court for the Northern District of California denied the FTC’s preliminary injunction motion to prevent the closing of Meta Platforms Inc.’s acquisition of Within Unlimited, Inc.––a virtual reality (VR) App developer. The FTC has declined to appeal the loss…

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Observations on the Court’s Rejection of Facebook’s Motion to Dismiss the FTC’s Amended Antitrust Complaint

Author: Jarod Bona The FTC filed an antitrust lawsuit against Facebook (now Meta Platforms Inc.). Judge James E. Boasberg dismissed it. The FTC then filed an amended complaint. And the same judge just denied Facebook’s motion to dismiss that complaint. The FTC alleges that Facebook has a longstanding monopoly in…

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The FTC withdraws Vertical Merger Guidelines. Will it take on big-tech small acquisitions next?

Authors: Steven Cernak and Luis Blanquez FTC Chairwoman Lina Khan keeps up her frenetic crusade to change the practice of antitrust enforcement. The new––and surely not last––change: the vertical merger guidelines. On Wednesday, September 15, 2021, the FTC held an open virtual meeting to discuss the following: Proposed Withdrawal of…

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Facebook Wins First Antitrust Battle: The FTC and State Enforcers Fail to Establish (For Now) Facebook’s Monopoly on Social Media Networks (with update)

Authors:  Steven J. Cernak and Luis Blanquez In late 2020, the Federal Trade Commission (FTC) and the attorneys-general (AGs) from 48 states filed nearly identical antitrust lawsuits against Facebook for stifling competition by acquiring potential competitors, mainly Instagram in 2012 and WhatsApp in 2014, and for enforcing policies that blocked…

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Classic Antitrust Cases: Trinko, linkLine and the House Report on Big Tech

Author:  Steven J. Cernak On October 6, 2020, the Antitrust Subcommittee of the U.S. House Judiciary Committee issued its long-anticipated Majority Report of its Investigation of Competition in Digital Markets.  As expected, the Report detailed its findings from its investigation of Google, Apple, Facebook, and Amazon along with recommendations for…