Litigation Trends 2024

16 | Weil, Gotshal & Manges LLP LITIGATION TRENDS 2024 | 17 T O C E M P A N T I I P C A P R O W C C O N T A C T I N T A P P P A T C C L S E C Renewed Enforcement of Alleged Monopolization Cases Aggressive agency enforcement of alleged monopolization is stronger than ever – particularly in “Big Tech” – with additional cases brought against Google and Amazon. These new enforcement actions coincide with an anticipated decision in the DOJ’s initial lawsuit against Google in the first half of 2024, as well as a trial expected to begin in the FTC’s ongoing lawsuit against Meta related to its past acquisitions of social media companies. During the fall of 2023, the DOJ and Google completed the first major “Big Tech” antitrust trial in the modern Internet age with a 10-week trial in the U.S. District Court for the District of Columbia. The lawsuit – initially filed by the DOJ during the Trump administration – alleges Google has enforced an unlawful monopoly in the search-engine market. The DOJ’s allegations include that Google has monopolized the market by becoming the default search engine for prominent technology companies through a series of anticompetitive contracts that in turn illegally reinforced its dominant market position. An opinion from the court is expected in the first half of 2024. The DOJ, alongside more than a dozen state attorneys general, brought another monopolization case against Google, this time alleging that Google unlawfully maintained a monopoly in the digital advertising technologies market. The DOJ notably requested a jury trial, a rare move for a complex monopolization case seeking remedies that could potentially require Google to divest parts of its business. Trial is currently scheduled for 2024. Meanwhile, the FTC has focused its efforts on monopoly-related allegations against Amazon and Meta. The agency brought its long-anticipated monopolization case against Amazon in 2023, which challenges Amazon’s business practices, including antidiscounting measures that allegedly ensure Amazon offers the lowest prices among retailers and the company’s requirement that sellers use Amazon fulfillment centers in order to be “Prime” eligible. The FTC’s case follows similar lawsuits filed by California and the District of Columbia, with the latter being dismissed in federal court in 2022. Both California and the FTC’s cases are currently scheduled for trial in 2026. The FTC also has an active monopolization litigation against Meta challenging, in part, its prior acquisitions of potential social media competitors including Instagram and WhatsApp. While the FTC has pushed for a 2024 trial, no trial date has been set. Beyond “Big Tech,” the agencies are expected to continue advancing Section 2 of the Sherman Act to pursue alleged “killer acquisition” cases. The outcome of all of these cases will likely shape how “Big Tech” and other industries respond to monopolization claims and how antitrust enforcers will approach the enforcement of monopolization claims in “Big Tech” and beyond for years to come. Antitrust I

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