Competition Corner

Winston & Strawn’s Competition Corner features insights on recent legal developments in the antitrust arena as well as user-friendly guidance and practical tips for compliance.

Department of Commerce Calls for Change to Mobile App Stores 02/10/23

The U.S. Department of Commerce (DOC) recently added to the pressure on Apple and Google to modify their app store practices. The DOC’s National Telecommunications and Information Administration (NTIA) released a 50-page report on February 1, 2023, criticizing the mobile app store model as harmful to developers and consumers and recommending policy changes to reform it.

No More Antitrust “Safety Zones”: DOJ Withdraws Longstanding Health Care and Information Sharing Guidance with Implications Far Beyond Health Care Industry 02/07/23

The Department of Justice’s Antitrust Division announced on Friday, February 3, that it is withdrawing three longstanding policy statements providing guidance concerning its enforcement of the antitrust laws in the health care industry, a move that leaves significant uncertainty in its stead.  Although focused on health care, the policy statements have long been relied upon as important guidance for competitor collaborations in other industries, particularly regarding sharing price- or cost-related information and joint purchasing.

DOJ Seeks Breakup of Google’s Ad Tech Business 02/01/23

In another example of heightened antitrust enforcement by the Department of Justice (DOJ) under the Biden administration, on January 24, 2023, DOJ and eight states filed a civil antitrust lawsuit accusing Google of monopolizing multiple digital advertising technology (“ad tech”) products. The lawsuit reflects the continued antitrust focus at both the state and federal levels on Google.