Sky Blog
On November 25, 2025, the DOJ announced that it agreed to settle claims that RealPage, Inc. (RealPage) violated Section 1 of the Sherman Act by unlawfully sharing competing users’ competitively sensitive information for use in competitors’ pricing and by entering …
Over the past three years, courts across the country have evaluated the use of pricing algorithms under the antitrust laws. In 2022, private plaintiffs filed the first of many civil cases involving algorithmic pricing against software provider RealPage and its …
On October 6, 2025, Governor Gavin Newsom signed into law California Senate Bill No. 763 (SB 763), effective January 1, 2026, which increases the maximum corporate criminal antitrust penalties in California to $6 million and provides for new civil penalties …
How can antitrust best serve social goals? For the many who argue that market power yields greater wealth inequality, vigorous antitrust enforcement is necessary to close the gap. Yet equality is not a consideration for current antitrust policy, which …
In March 2024, the U.S. Department of Justice (“DOJ”) revised its Justice Manual to include a new safe harbor for acquiring companies that self-report criminal conduct by an acquired company identified in due diligence (the “Safe Harbor”). When the Safe …
Last month, the Department of Justice Antitrust Division announced its first criminal attempted monopolization charges in more than 40 years. In the case, U.S. v. Zito, Nathan Nephi Zito, the owner of a Montana paving company, pleaded guilty to …
Antitrust plaintiffs typically rely on circumstantial evidence when pursuing price-fixing claims, because price-fixing conspirators usually conceal their collusion through code names, secret meetings, cover stories, and falsified documents. Antitrust law uses a two-step process for proving price-fixing agreements through circumstantial …
The U.S. Department of Justice’s Antitrust Division (DOJ) has made good on a promise it made over four years ago to criminally charge companies that agree not to solicit each other’s employees in so-called “no poach” agreements or that agree …
For the past 40 years, U.S. antitrust law has been understood as a consumer welfare prescription against conduct leading to higher prices, reduced output, and lower quality or innovation. A growing number of commentators argue, however, that this understanding of …
There is an emerging consensus that antitrust law promotes innovation. According to this theory, a monopolist has little reason to create superior goods and methods unless those efforts would increase the monopolist’s market power. In fact, a monopolist can preserve …