Antitrust Litigation - Google - Remedies

The European Commission unexpectedly allowed documents related to Google’s antitrust submissions in the EU case to be shared with the US Department of Justice (DOJ) for use in the ongoing US antitrust trial against Google’s adtech business. The Commission’s action is framed as an effort to align with US regulators, as both jurisdictions are considering structural remedies, such as the forced sale of Google’s adtech assets (like AdX and DFP). The Commission’s approach is described as case-by-case, but this instance is seen as a break from past practice.

Antitrust Investigation - SES/INTELSAT - Merger Control

Willemstad Holdings said the merger would result in the combined company owning approximately 90 percent of the C-band market. Willemstad has approached the FCC, expressing interest in purchasing satellite capacity or spectrum that SES–Intelsat might be required to divest to address antitrust concerns. The FCC is still reviewing responses.

The EU and UK have already approved the transaction unconditionally.

Copyright Litigation - Artificial Intelligence - Enforcement

Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc. is the first significant U.S. ruling to address whether using copyrighted works to train an AI system is protected by fair use. The court rejected the Fair Use Defense.
Broader Implications
• Licensing Becomes Central
• Impact Across Industries
• No Categorical Fair Use for AI
Companies must carefully assess the copyright status of training data and increasingly pursue licensing or use public domain/open data to mitigate legal risk. The legal landscape remains in flux, but this case sets a persuasive precedent for future disputes involving AI and copyrighted training da

Antitrust Investigation - Alcon Inc/Lensar Inc - Merger Control

Alcon Inc., a global leader in eye care, has announced its intention to acquire Florida-based medical technology company Lensar Inc. for $430 million. Alcon aims to incorporating Lensar's advanced technologies for femtosecond laser-assisted cataract surgery (FLACS). The Federal Trade Commission (FTC) has requested additional information regarding the proposed acquisition, extending the waiting period under the Hart-Scott-Rodino Antitrust Improvements Act.

Antitrust Criminal Investigation - U.S. Forces Korea contracts - Bid Rigging

A recent investigation by the Korea Prosecution Service (KPS) into bid rigging at U.S. military bases in South Korea marks a pivotal development in transnational cartel enforcement. 12 individuals and four companies have been indicted for manipulating bids on U.S. military contracts in Korea over five years.

Antitrust Litigation - Google AdTech - Monopolization

Leonie Brinkema of the U.S. District Court for the Eastern District of Virginia ruled that Google has illegally monopolized key parts of the online advertising technology market. The ruling allows the Department of Justice to seek remedies, including the potential breakup of Google’s ad tech business.

The DOJ has specifically suggested that Google should be required to divest its Google Ad Manager, which includes the DoubleClick for Publishers (DFP) ad server and the AdX ad exchange.

Antitrust Legislation - Merger Control - Illinois "Baby" HSR Law

Effective January 1, 2024, Illinois amended its Antitrust Act to require healthcare facilities and provider organizations to notify the Illinois Attorney General (AG) at least 30 days before closing certain mergers, acquisitions, or contracting affiliations. Illinois is part of a broader movement among states to increase oversight of healthcare consolidation. States such as California, Connecticut, Massachusetts, New York, Oregon, and Washington have enacted similar laws, each with its own thresholds, timing, and penalties.

Copyright Policy - Artificial Intelligence - Enforcement

The U.S. Copyright Office published the work of an ad hoc committee of economic scholars on the intersection of artificial intelligence (generative AI) and copyright policy. The volume sheds some light on the impact of generative AI and tries to strike a balance between the relative magnitude of the value created and the value displaced by generative AI in the product market.