ABA Antitrust Law Section, Chicago, IL (2026)

01/26/2026

[ABA Antitrust Daily Digest January 26, 2026]

Video game giant Valve facing UK lawsuit over pricing, commissions

(Reuters) The U.K.’s Competition Appeal Tribunal allowed a £656 million collective action to proceed against Valve, alleging Steam’s anti-competitive restrictions—such as price-parity and DLC lock-in—enabled “unfair and excessive” commissions of up to 30% affecting up to 14 million U.K. buyers since 2018. Valve’s bid to block certification failed, and the case advances alongside similar U.K. actions over Apple’s App Store and Google’s Play Store, while Valve also faces a separate U.S. consumer suit filed in Seattle in August 2024.

https://www.reuters.com/legal/litigation/video-game-giant-valve-facing-uk-lawsuit-over-pricing-commissions-2026-01-26/

Amazon to pay $309 million to U.S. shoppers in settlement over returns

(Reuters) Amazon agreed to pay $309 million and provide other benefits in a proposed class settlement over denied refunds, which plaintiffs say exceeds $1 billion in value—including more than $600 million in individual refunds and about $363 million in non-monetary improvements to return/refund practices—with class members to receive full incorrectly denied refunds or retrocharges plus interest and attorneys seeking up to $100 million in fees. Amazon denies wrongdoing, citing a 2025 internal review that identified and addressed issues; the Seattle case, filed in 2023, covers U.S. purchasers since September 2017 and awaits approval by U.S. District Judge Jamal Whitehead.

https://www.reuters.com/legal/government/amazon-pay-309-million-us-shoppers-settlement-over-returns-2026-01-26/

European regulators crack down on Big Tech

(Reuters) European and national regulators in Europe have intensified enforcement against Big Tech, launching new probes and imposing major penalties: Google faces an EU antitrust investigation over AI use of online content, a €2.95 billion adtech fine, mixed court outcomes on past fines, and UK scrutiny; Amazon’s bid to shed stricter EU platform rules was rejected; Apple has been fined under the DMA and antitrust laws, lost a €13 billion tax case, and agreed to open NFC payments; Meta is under an AI-related probe for WhatsApp and has been fined for Marketplace conduct and charged for DMA non-compliance; and Microsoft was charged for bundling Teams with Office. TikTok has been charged and preliminarily found in breach of DSA transparency duties but avoided a fine after concessions, while X faces an EU probe into Grok’s dissemination of illegal content and was fined €120 million under the DSA.

https://www.reuters.com/technology/european-regulators-crack-down-big-tech-2023-10-03/

European regulators have launched a series of investigations into Big Tech in recent years.

01/23/2026

[ABA Antitrust Daily Digest January 23, 2026]

Google must face consumer antitrust lawsuit over search dominance, US judge rules

(Reuters) A federal judge in California largely denied Google’s bid to dismiss a proposed consumer class action alleging it unlawfully maintained search dominance through agreements with device makers and others—claims that mirror the DOJ’s case—while barring pre-2017 claims for now but allowing plaintiffs to try to reassert them. The consumers allege Google paid partners to set it as the default search engine, stifling rivals that could offer fewer ads, more privacy, or user rewards; Google denies wrongdoing, but the judge found it plausible that smaller search engines were hindered by Google’s deals.

https://www.reuters.com/legal/government/google-must-face-consumer-antitrust-lawsuit-over-search-dominance-us-judge-rules-2026-01-22/

Netflix Chief Ted Sarandos to Testify at Senate Antitrust Hearing About Warner Bros. Deal

(Variety) Netflix co-CEO Ted Sarandos and WBD strategy chief Bruce Campbell will testify before the Senate antitrust subcommittee about Netflix’s $83 billion bid for Warner Bros.’ studios and HBO Max, amid sharp skepticism from lawmakers, rivals like Paramount Skydance, and industry groups warning of higher prices, job losses, and excessive market concentration (with critics citing a combined ~43% global streaming share). Netflix and WBD, which have filed HSR notifications and are engaging with U.S. and EU regulators, maintain the deal is pro-competition and note Netflix’s ~9% U.S. TV watchtime, while moving to an all-cash offer to strengthen the transaction.

https://variety.com/2026/tv/news/netflix-ted-sarandos-testify-senate-antitrust-hearing-warner-bros-deal-1236638165/

India antitrust probe links Tata, JSW to steel cartel via WhatsApp chats, production data

(Reuters) India’s antitrust watchdog found that Tata Steel, JSW Steel, SAIL, and RINL colluded from 2018–2023 by sharing advance pricing plans and coordinating 16–22% production cuts to restrict supply, exposing them to potential hefty fines. The findings—supported by WhatsApp chats seized in 2022 raids, market data, and RINL presentations—allege synchronized price moves among firms controlling about 44% of the market and hold senior executives liable, though the companies deny wrongdoing and regulators are still reviewing outcomes.

https://www.reuters.com/sustainability/boards-policy-regulation/india-antitrust-probe-links-tata-jsw-steel-cartel-via-whatsapp-chats-production-2026-01-23/

Four major Indian steelmakers - Tata Steel, JSW Steel and state-run SAIL and RINL - disclosed their pricing plans to rivals and coordinated production cuts to reduce supplies, an antitrust investigation report seen by Reuters shows.

01/22/2026

[ABA Antitrust Daily Digest January 22, 2026]

UnitedHealth, CVS Fend Off Antitrust Lawsuit Over Drug Costs

(Bloomberg Law) A federal judge in the Western District of Missouri dismissed a proposed class action alleging CVS Health, Evernorth Health, and UnitedHealth Group colluded to inflate prescription drug prices via their PBMs and owned pharmacies, finding the companies’ similar practices—such as forming overseas GPOs at different times—were not sufficiently parallel to support an antitrust conspiracy. The court also held the plaintiffs lacked standing under the Robinson-Patman Act, underscoring the broader difficulties plaintiffs face in challenging vertically integrated health-care firms’ control over drug pricing and access.

https://news.bloomberglaw.com/health-law-and-business/unitedhealth-cvs-fend-off-antitrust-lawsuit-over-drug-costs

CVS Health May Have Violated Antitrust Laws, Republican Lawmakers Say

(Bloomberg) Republican lawmakers accused CVS Health of potentially violating antitrust laws by discouraging independent pharmacies from partnering with third-party competitors. The allegation comes amid growing bipartisan scrutiny of vertically integrated health conglomerates like CVS—which spans insurance, retail pharmacies, and PBMs—with CVS and other insurer CEOs set to testify at a congressional hearing on Thursday.

https://www.bloomberg.com/news/articles/2026-01-21/cvs-health-may-have-violated-antitrust-laws-republican-lawmakers-say?embedded-checkout=true

Apple asks Indian court to stop antitrust body from seeking its financials

(Reuters) Apple has asked the Delhi High Court to halt the Competition Commission of India’s probe and block demands for its global financial records while it challenges the validity of India’s 2024 penalty rules, which it says could expose it to fines of up to $38 billion. The CCI, which accuses Apple of abusing its app store dominance and has defended the penalty framework, pressed ahead with a December 31 order seeking financials; the court is set to hear the matter on January 27.

https://www.reuters.com/sustainability/boards-policy-regulation/apple-asks-indian-court-stop-antitrust-body-seeking-its-financials-2026-01-22/

Apple has asked an Indian court to stop the country's antitrust watchdog from seeking its global financial records as part of an investigation into its app store policies, while it challenges the underlying law's validity, court papers show.

01/21/2026

📣The latest edition of "This Week in Antitrust & Consumer Protection" is available! Explore the latest thought leadership on , , and . Read: https://www.linkedin.com/pulse/week-antitrust-consumer-protection-aba-antitrust-law-section-mgzoc/?trackingId=uKFmx0xxTFO%2BOd3qNboeuA%3D%3D

Highlights: Register by today, January 21! Diverse Perspectives: Antitrust in a Changing World (https://bit.ly/46Huik6), Mentors Still Needed for the Section Mentoring Program! (https://lnkd.in/gWAAQrHZ), Apply by February 6: Pitofsky & Saferstein Writing Competition (https://lnkd.in/g_SrgZG7), Apply by February 27: Hollis Salzman Memorial Scholarship (https://lnkd.in/gVnmF9sU), new committee articles, OCA podcast episode, & more!

01/21/2026

[ABA Antitrust Daily Digest January 21, 2026]

F.T.C. Appeals Loss in Meta Antitrust Case

(The New York Times) The FTC filed a notice of appeal seeking to reverse its loss in the Meta antitrust case after Judge James Boasberg ruled last November that Meta’s Instagram and WhatsApp acquisitions did not violate the law amid changing social media competition. The preliminary appeal, part of a broader crackdown that has included wins against Google and suits against Amazon and Apple, will be briefed to the D.C. Circuit later, while Meta had no immediate comment.

https://www.nytimes.com/2026/01/20/technology/ftc-meta-antitrust-appeal.html

Netflix-Warner Bros deal could offer viewers relief from subscription fatigue

(Reuters) Many consumers hope a Netflix–Warner Bros merger—potentially bringing HBO Max under Netflix—could simplify bundles and reduce “subscription fatigue,” though streaming prices have generally climbed and Netflix has been phasing out cheaper tiers. Experts and lawmakers warn consolidation could stifle competition and bargaining, leading to fewer choices, higher rates, and potential erosion of HBO’s higher-prestige programming despite Netflix’s scale and claims of cost savings.

https://www.reuters.com/business/finance/netflix-warner-bros-deal-could-offer-viewers-relief-subscription-fatigue-2026-01-21/

Epic Games Hires Veteran Big Tech Lawyer After Antitrust Battles

(Bloomberg Law) Epic Games appointed veteran tech lawyer Reginald “Reggie” Davis as general counsel, succeeding long-time legal chief Canon Pence, bringing IPO-tested experience from Qualia, Zynga, and DocuSign, as well as earlier roles at Yahoo and private practice. The hire comes as Epic presses its antitrust campaign against Big Tech—fresh off an appellate win against Apple and a settlement with Google—with observers like Stanford’s Mark Lemley calling Davis a strong choice who could help guide the company through high-stakes litigation and potential public-market moves.

https://news.bloomberglaw.com/in-house-counsel/epic-games-hires-veteran-big-tech-lawyer-after-antitrust-battles

Epic Games Inc., a software developer known for its popular Fortnite video game franchise and landmark antitrust disputes with Apple Inc., Alphabet Inc.‘s Google, and others, has brought on longtime technology industry attorney Reginald “Reggie” Davis as its new general counsel.

01/20/2026

01/20/2026

🎙️Listen to Our Curious Amalgam #361 All Change or More of the Same? UK Merger Control Developments: https://lnkd.in/gWFvKgjw

The UK merger control regime is undergoing procedural and substantive changes. What is happening and what should practitioners know? John Schmidt, solicitor at Arnold & Porter in London, joins Matthew Hall and Jaclyn Phillips to discuss the changes introduced by the UK Competition and Markets Authority’s (CMA) and the UK government. Listen to this episode to learn more about new CMA jurisdictional and procedural guidance, a strategic reform of UK merger remedies and institutional changes to phase 2 merger reviews.

Listen: https://lnkd.in/gWFvKgjw
Apple: https://lnkd.in/g-VYgKJB
Amazon: https://lnkd.in/gNrGJYw4
Audible: https://lnkd.in/gkZbE-4y
Spotify: https://lnkd.in/gKYyxytk
(New) YouTube Video: https://lnkd.in/gSKxPrrf
YouTube Music: https://lnkd.in/gjA9AhZS

01/20/2026

[ABA Antitrust Daily Digest January 20, 2026]

UK plans overhaul of its antitrust regime to drive growth

(Reuters) Britain launched a consultation to overhaul its competition regime to make enforcement faster, more predictable, and proportionate, proposing changes to CMA merger and market decision-making, regular reviews of remedies, clearer merger control thresholds, and reaffirmed regulator independence; the CMA will also reassess legacy interventions, flagging that 33 of its existing remedies may no longer be necessary. In parallel, the government’s British Business Bank will invest £25 million in AI energy software firm Kraken Technologies and £50 million each in venture funds Epidarex Capital and IQ Capital, signaling a push to back domestic scale-ups, reduce red tape, and encourage potential London listings.

https://www.reuters.com/sustainability/boards-policy-regulation/uk-plans-overhaul-its-antitrust-regime-drive-growth-2026-01-19/

Trump Administration Signals New Era in Antitrust Enforcement

(Bloomberg Law) The DOJ and FTC spent the first year of the second Trump administration setting a more traditional, transparency-focused antitrust agenda—prioritizing tech, national security–sensitive industries, and health care—while signaling faster reviews for non-problematic deals and continued scrutiny of cross-border risks amid geopolitical shifts. Departing from the prior administration’s litigation-first posture, the agencies have reopened the door to settlements (including behavioral remedies), with “litigate the fix” remaining a viable backstop, setting up 2026 for a more predictable, remedies-oriented enforcement environment where early engagement and tailored commitments are often decisive.

https://news.bloomberglaw.com/legal-exchange-insights-and-commentary/trump-administration-signals-new-era-in-antitrust-enforcement

X’s Antitrust Suit Targets Common Music-Industry Copyright Moves

(Bloomberg Law) X Corp. sued the National Music Publishers’ Association and major publishers, alleging they coordinated through the trade group to flood X with DMCA takedown requests and collectively refuse to negotiate individually, pressuring X into costly, industrywide synchronization licenses—a strategy X says wields combined market power to extract supracompetitive terms. While publishers argue the notices are a standard, lawful DMCA process used across the industry, experts note that even lawful tools can raise antitrust concerns when used by competitors acting in concert, and the suit may plausibly survive a motion to dismiss despite the long history of collective licensing in music.

https://news.bloomberglaw.com/ip-law/xs-antitrust-suit-targets-common-music-industry-copyright-moves

Elon Musk’s social media platform is accusing music publishers of violating antitrust law through the seemingly mundane practice of using a trade group to send takedown requests for posts they say infringe their copyrights.

01/16/2026

Join us for "Health Care & Pharmaceuticals Committee Quarterly Developments (Q4 2025)" on February 18 at 12 PM EST. Register: https://lnkd.in/gmajr4eF

The Health Care & Pharmaceutical Committee hosts a quarterly update, summarizing the most important antitrust developments for Q4 2025 as we continue the transition into the second Trump administration. This webinar includes four members of the Cooley LLP team.

Sponsor: Antitrust Law Section
Co-Sponsor: Health Care and Pharmaceuticals
Speakers: Megan Browdie (Cooley LLP), David Burns (Cooley LLP), Jonas Koponen (Cooley LLP), Nicollette Kirby (Cooley LLP)

01/16/2026

[ABA Antitrust Daily Digest January 16, 2026]

Eli Lilly, Novo Hit With Antitrust Suit From Drug Compounder

(Bloomberg Law) Strive Specialties Inc., a major compounding pharmacy, sued Eli Lilly & Co. and Novo Nordisk A/S alleging they violated antitrust laws by seeking to block access to compounded GLP-1 versions of their blockbuster obesity and diabetes drugs. The suit claims the companies entered exclusive deals with telehealth providers that barred collaboration with compounding pharmacies and pressured providers and patients away from compounded alternatives, cutting off a key channel for personalized medicines.

https://news.bloomberglaw.com/health-law-and-business/eli-lilly-novo-hit-with-antitrust-lawsuit-from-drug-compounder

Justices Mull Challenge to Revived Real Estate Antitrust Claims

(Bloomberg Law) The U.S. Supreme Court asked CREXi to respond to CoStar Group’s petition seeking to overturn the Ninth Circuit’s revival of CREXi’s antitrust counterclaims in CoStar’s copyright suit. CoStar argues the ruling would let baseless antitrust claims reach costly discovery and facilitate coercive settlements, contending the panel improperly validated a “de facto” exclusive-dealing theory without actual agreements and overlooked a doctrine that would shield certain conduct.

https://news.bloomberglaw.com/ip-law/justices-mull-challenge-to-revived-real-estate-antitrust-claims

CVS Has Standing to Pursue Amitiza Antitrust Claims, Court Says

(Bloomberg Law) A federal judge in Massachusetts ruled that CVS Health and Walgreens can proceed with antitrust claims alleging Takeda delayed a generic version of Amitiza, finding the retailers have standing. Judge Myong J. Joun granted partial summary judgment by recognizing the validity of antitrust claims assigned to the retailers by national wholesalers, including Cardinal Health, despite defendants’ arguments that the contracts were boilerplate.

https://news.bloomberglaw.com/antitrust/cvs-has-standing-to-pursue-amitiza-antitrust-claims-court-says

CVS Health Corp. and Walgreens Boots Alliance Inc. can proceed with antitrust claims that Takeda Pharmaceutical Co. Ltd. delayed the generic version of its anti-constipation drug Amitiza, after a district court judge said the retailers had standing.

01/15/2026

[ABA Antitrust Daily Digest January 15, 2026]

French watchdog raids auditing firms as part of antitrust probe

(Reuters) France’s Autorité de la Concurrence conducted unannounced raids on several auditing and financial reporting firms as part of an antitrust probe, with La Lettre reporting that Deloitte, KPMG, EY, and PwC were among those targeted. The watchdog, which has not officially named any companies and emphasized that the investigation does not imply guilt, said the firms are suspected of anti-competitive behavior, while Deloitte declined to comment and others did not immediately respond.

https://www.reuters.com/sustainability/boards-policy-regulation/french-watchdog-raids-auditing-firms-part-antitrust-probe-2026-01-14/

Trip.com shares plunge almost 20% as China opens antitrust probe into Asia’s largest online travel firm

(CNBC) Trip.com shares tumbled 19.23% in Hong Kong—its worst day since its 2021 listing—after China’s market regulator opened an antitrust probe into suspected abuse of dominance, following a 17% drop in New York the previous day. The company said it will cooperate as analysts warned of a potential hefty fine akin to past Alibaba and Meituan cases amid allegations of forcing merchants into exclusivity and hiking commissions, with the probe unfolding against a backdrop of rising Chinese tourism demand ahead of the Lunar New Year.

https://www.cnbc.com/2026/01/15/tripcom-shares-plunge-as-china-opens-antitrust-probe-into-company.html

India warns Apple it will proceed with antitrust case after company plays for time

(Reuters) India’s Competition Commission has issued a final warning that it will proceed unilaterally with its antitrust case against Apple next week if the company does not submit overdue objections and financial data, after rejecting Apple’s bid to pause the case during its separate court challenge to penalty rules. Apple, which denies abusing its App Store position and fears fines up to $38 billion if based on global turnover, has not responded and may await a January 27 court hearing, following investigators’ earlier finding of abusive conduct in the iOS app market after complaints by Match and Indian startups.

https://www.reuters.com/sustainability/boards-policy-regulation/india-warns-apple-it-will-proceed-with-antitrust-case-after-company-plays-time-2026-01-15/

India has issued a final warning to Apple that it will proceed in an antitrust case against the U.S. tech giant as the company has delayed responses to officials for over a year and undermined the investigation, a confidential order shows.

01/14/2026

📣The latest edition of "This Week in Antitrust & Consumer Protection" is available! Explore the latest thought leadership on , , and . Read: https://www.linkedin.com/pulse/week-antitrust-consumer-protection-aba-antitrust-law-section-cx8pc/

Highlights: Register Now! 2026 Next Generation of Antitrust Scholars (https://bit.ly/3JmzwYT), Diverse Perspectives: Antitrust in a Changing World (https://bit.ly/46Huik6), Call for Mentors! Antitrust Section Mentoring Program (https://lnkd.in/gWAAQrHZ), Pitofsky & Saferstein Writing Competition (https://lnkd.in/g_SrgZG7), Hollis Salzman Memorial Scholarship (https://lnkd.in/gVnmF9sU), & more!

ABA Antitrust Law Section

01/26/2026

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01/21/2026

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01/20/2026

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01/16/2026

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01/15/2026

01/14/2026

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