Very good #antitrust opinion from the 9th Cir. on the NFL Sunday Ticket bundling case. The lower court's ruling--tossing a jury verdict by *retroactively* excluding expert testimony the judge had already repeatedly allowed--was a travesty of justice. Also: sports puns!
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Not so sure this is a nail in Brown Shoe's coffin: it just parrots Geneva Pharms, which in turn relied on Brown Shoe. The "submarket" construct is useful for judges, who might otherwise be tempted to think once defendants point to "a" broad market, there can't be a narrower one.
In the premium eyeware case the 2d Circuit once again observed, with other decisions, that the term "submarket" makes no sense unless it simply refers to a properly defined relevant market. One more nail in Brown Shoe's coffin. business.cch.com/ald/RinggoldvE…
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Very proud to be a small part of this--antitrust cases have gotten far too complex and expensive to bring. This tech is shockingly good at expanding plaintiffs' (states, law firms, cities...?) capacity. I think of it as basically a force multiplier.

nytimes.com/2026/10/28/bus…
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Great writeup by Lucia Aerbach for @Inc on one of the longest-running sagas in modern U.S. #antitrust: the more-than-a-decade-long lawsuit against Keurig. If you think of this as just a product-design case, it actually involves much more:

inc.com/lucia-auerbach…
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Starting in one hour! @abaantitrust section livestream on state merger enforcement, featuring Elizabeth Odette (MN AG), Paula Pera (WA AG), David Reichenberg (NJ AG), and Bryn Williams (CO AG). Free for section members: americanbar.org/events-cle/mtg…
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Wild story, excellent reporting from Maddy Varner for @WIRED: Is family-friendly Disney essentially buying scandal-plagued CharacterAI in a "reverse killer acquihire"? Sure looks like it.

wired.com/story/disney-a…
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Yikes. Calls to mind the AT&T/Time Warner merger a court (and DOJ) cleared back in the 2010s: both anticompetitive and also value-destructive for the combined firm itself.

variety.com/2026/film/news…
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The best new #antitrust podcast, no contest. Rebecca is a wonderful host -- smart, funny, thoughtful, curious, engaging.
MONOPOLIZER EP2 JUST DROPPED! Listen to me and @johnmarknewman talk about "Lawless Antitrust" and the hipsters who want to fix it. open.spotify.com/episode/7yFw6w…
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Follow me and @BalanceCrafting if you want to get breaking #antitrust news 18 months ahead of time 😄
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Good to see a private #antitrust class action challenging West's acquisition of Casetext. Casetext started threatening the longstanding Westlaw/Lexis duopoly. West promptly acquired Casetext and shut it down. A killer acquisition if ever there was one.
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One observation on this Paramount/Warner Bros. saga is it looks like California is settling out of fear that CA would lose jobs to other states... But there's a very good chance the merger is just going to kill jobs period. Hard to see why other states would go along with that.
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This exclusive "news" story smells like a Paramount psyop. I've had some experience dealing with sneaky PR campaigns by big companies trying to push mega-mergers through antitrust review.

Here's why this one stinks: short 🧵, (1/x)

tmz.com/2026/09/16/par…
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Replying to @johnmarknewman
3. Paramount immediately did... nothing. So the story is "Paramount told the government that it was going to tell the government that it's going to leave the state." But then Paramount didn't actually do that--with zero explanation for the supposed change of plan.
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Replying to @johnmarknewman
In sum: Paramount gets a big news cycle with total deniability. Impossible to know for sure, but it has all the hallmarks of a PR gambit by an aggressive press team... and none of the hallmarks of a real, substantive story.
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It would be kind of hilarious if this ostensibly pro-business antitrust lawsuit against the NYC grocery store program ends up eliminating the "recoupment" requirement for predatory-pricing claims, something that's long been on the antimonopoly wish list.
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This week, Memphis–the birthplace of rock’n’roll–will host a brilliant group of rockstar scholars for the 2nd annual Antitrust, Business & Consumer Law Colloquium. It's cosponsored by UGA @TerryCollege & cohosted by my good friend and coconspirator Greg Day. Check out the lineup:
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