Mogin Law Blog


The Mogin Law Blog provides insights on competition law issues important to antitrust practitioners and companies, including federal and state antitrust enforcement actions, private antitrust litigation and class actions, mergers that can shift the competitive landscape, and legislative and policy changes. We welcome questions from attorneys and the media. Receive our monthly newsletter via LinkedIn.

Global Antitrust Enforcers Tackle AI ‘Stealth Mergers’ and ‘Acqui-Hires’ 

Global Antitrust Enforcers Tackle AI ‘Stealth Mergers’ and ‘Acqui-Hires’ 

Are Tech Mergers Changing? Consolidation of Silicon Valley companies historically followed a simple pattern. A tech giant would buy a...
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“Flavor Powerhouse”: Unilever–McCormick Would be a $65B Food Goliath

“Flavor Powerhouse”: Unilever–McCormick Would be a $65B Food Goliath

Industry continues to contract structurally -- upstream and downstream -- and attract antitrust attention. Unilever and McCormick this week announced...
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Sysco’s $29B Bid for Restaurant Depot Raises Old and New Antitrust Questions 

Sysco’s $29B Bid for Restaurant Depot Raises Old and New Antitrust Questions 

Deal almost certain to face challenges from the FTC which blocked another big swing by Sysco a decade ago. Sysco...
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Why AI Regulation Fails at the Enforcement Stage 

Why AI Regulation Fails at the Enforcement Stage 

Some technologies cannot be controlled ex ante without assuming regulators possess powers they do not.  By Dan Mogin  In his March 20 Wall Street Journal opinion piece – The Economics of...
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Amazon v. Perplexity: Courts Weigh Authorization, Consent, and Agentic AI

Amazon v. Perplexity: Courts Weigh Authorization, Consent, and Agentic AI

How will computer-access laws be applied as agentic AI systems continue evolution from passive assistance to autonomous action? By Mogin...
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FTC Signals Renewed Focus on Healthcare Competition  

FTC Signals Renewed Focus on Healthcare Competition  

Commission forms Healthcare Task Force as markets continue to become more concentrated.  The Federal Trade Commission has announced the creation of a...
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Warner Shareholders Approve Paramount Merger as Antitrust Scrutiny Intensifies

Warner Shareholders Approve Paramount Merger as Antitrust Scrutiny Intensifies

Deal raises concerns well beyond traditional worries about preserving competitive markets. Warner Bros. Discovery shareholders have approved the company’s proposed...
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Live Nation Antitrust Settlement: If Only They Listened to Pearl Jam in ‘94

Live Nation Antitrust Settlement: If Only They Listened to Pearl Jam in ‘94

Behavioral remedies have been tried more than once. Why does the government have faith in them now? Court is a...
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A.I. Deals Continue Focus on Much Needed Infrastructure

A.I. Deals Continue Focus on Much Needed Infrastructure

Capital flowing to physical and operational layers necessary if AI systems are to scale. The latest artificial intelligence-related transactions show...
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Ohio AG Brings Cannabis Cartel Case Against Multistate Operators

Ohio AG Brings Cannabis Cartel Case Against Multistate Operators

Marks first state enforcement action framing cannabis operators as participants in a horizontal cartel, rather than as firms exercising unilateral...
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FTC Presses Case for Deeper Market Info from Merging Companies  

FTC Presses Case for Deeper Market Info from Merging Companies  

Despite the rule coming from Democrats and being opposed by business, the FTC takes an adverse ruling to the Fifth Circuit.  ...
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AI “Chokepoint” Deals Are Reshaping the Competitive Map of the Tech Stack

AI “Chokepoint” Deals Are Reshaping the Competitive Map of the Tech Stack

Mogin Law AI Deal Table shows how quickly firms are moving to secure structural advantages as AI markets take shape....
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Hyperscalers in Financial Services & Insurance

Hyperscalers in Financial Services & Insurance

Concentration Risk Meets Supervisory Expectations and Systemic Fragility  Financial institutions have adopted cloud services in a big way, using hyperscalers for transaction...
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Hyperscalers in Healthcare & Life Sciences 

Hyperscalers in Healthcare & Life Sciences 

When Hyperscalers Dominate the Healthcare Market, Patient‑Safety and Compliance Risks Arise Hyperscalers increasingly sit behind core healthcare delivery and life‑sciences innovation. Cloud...
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“Jane! Stop this Crazy Thing!” Artificial Intelligence Antitrust Questions Get Extraterrestrial.

“Jane! Stop this Crazy Thing!” Artificial Intelligence Antitrust Questions Get Extraterrestrial.

Antitrust issues sparked. SpaceX / xAI deal would meld rockets, satellites, and AI-tech, catapulting Musk’s already considerable control over the...
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DOJ Awards Antitrust Whistleblower 1M, the First Under New Program

DOJ Awards Antitrust Whistleblower 1M, the First Under New Program

Case demonstrates the important role whistleblowers play in exposing illegal anticompetitive schemes.  In a significant development for antitrust enforcement, the U.S. Department of Justice’s...
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Amazon Claims It’s a Victim of AI Lockpicking

Amazon Claims It’s a Victim of AI Lockpicking

Suit says Perplexity AI masquerades as an Amazon shopper to nab customer data. With a hearing on Amazon’s motion for...
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Hey, Siri. Isn’t the Apple–Google Deal Exactly What Judge Mehta’s Antitrust Opinion Was About?

Hey, Siri. Isn’t the Apple–Google Deal Exactly What Judge Mehta’s Antitrust Opinion Was About?

Making Gemini the default AI driver behind Apple’s virtual assistant on billions of devices will create an “exclusive in effect.” ...
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