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Kesselman Brantly Stockinger LLP
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California trucker group drops CARB from emissions lawsuit dailyjournal.comAbiel Garcia, partner with Kesselman Brantly Stockinger, was quoted in the Daily Journal article, “Kirkland & Ellis will lead Apple’s antitrust defense,” discussing the sweeping DOJ lawsuit against the tech giant.In this case, the DOJ accuses Apple of monopolistic behavior and stifling innovation in app development. Garcia commented, it was “hard to say” what the DOJ’s chance of success in the case was, noting the outcome would likely come down to how well the government presents its case. “If successful, I think it will have an effect on how people view the interplay of software and hardware, as well as change the tech landscape with respect to platforms and digital platforms, and how those are governed by their operators,” he said.You can read the full Daily Journal article here (subscription required):www.dailyjournal.com
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Apple Antitrust Suit Marks Broad US Attack on iPhone Dominance news.bloomberglaw.comAbiel Garcia, partner with Kesselman Brantly Stockinger, was recently quoted in the Blomberg Law article, “Apple Antitrust Suit Marks Broad US Attack on iPhone Dominance.”The article looks at the DOJ’s antitrust lawsuit against Apple, leveling allegations against the tech giant’s entire ecosystem and accusing the company of illegally blocking rivals from accessing hardware and software features on its devices. The case is a departure from previous cases which targeted more narrow aspects of Apple’s business model, including the case brought by Epic Games.The App Store restrictions brought forth in the Epic case amount to “one arrow in the quiver” of the DOJ’s complaint, Garcia told Bloomberg Law. The DOJ’s case identifies App Store restrictions, which have already been litigated, as just one of the many steps Apple has taken to allegedly entrench its monopoly power, he added.“It’s a broader range than the Epic case, because they’re now saying these practices are an issue not just in the App Store, but generally in the smartphone market,” Garcia said.The full Bloomberg Law article can be found here:https://lnkd.in/g79yAbf8
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Abiel Garcia, partner with Kesselman Brantly Stockinger, was recently quoted in the Daily Journal article, “California Antitrust Division chief threatens criminal enforcement.” The article covers a recent speech to the ABA by Paula Blizzard who leads the antitrust division at the California Department of Justice in which she discussed bringing back California’s era of criminal antitrust enforcement.Garcia commented, “I think for a lot of people it comes out of the blue. While the California Attorney General’s antitrust section is very active in the civil space, it really hasn’t been active in the criminal space in 25, maybe 30 years. There haven’t been rumblings about a potential criminal case from the California Attorney General under the Cartwright Act. This came out of left field.”He went on to say, “I’ve seen some articles say it might be an overreach. I don’t think so. The Cartwright Act has been proclaimed for years by the California Supreme Court to be broader than the Sherman Act. California, now I think the fourth-largest economy in the world, has the right to regulate how it wants to.”You can read the full article on theDaily Journal(subscription required)
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Kesselman Brantly Stockinger LLP
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Analysis-Capital One's $35 billion Discover deal hinges on playing consumer champion finance.yahoo.comKesselman Brantly & Stockinger Partner Abiel Garcia was recently quoted in Law360 and Reuters discussing Capital One’s acquisition of Discover and the potential antitrust issues this could face. Capital One announced earlier this week they would acquire Discover in a $35.3 billion deal. He commented to Reuters, “At the end of the day, the current regime of regulators wants to know if, and how, this merger will benefit consumers." He went on to tell Law360, “Ultimately, I do think the deal can get through." You can read the full Law360 and Reuters articles here:https://lnkd.in/gMQCru5Jhttps://lnkd.in/gKB8t98K
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Kesselman Brantly Stockinger LLP
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Abiel Garcia, Partner with Kesselman Brantly Stockinger, was recently quoted in aMarketWatcharticle, “What Epic’s win against Google means for the app store economy.” The article looks at the recent decision in the antitrust lawsuit Epic brought against Google, alleging the Play app store operated as an illegal monopoly. While some think the jury verdict in Epic’s favor could have implications for other tech companies such as Apple and Sony, Garcia toldMarketWatchhe thinks the decision “will definitely change some practices, but redefine app stores? I don’t think so.”He went on to say that one potential outcome would force app stores to work more with one another to establish consistent terms of agreement with app developers, down to commission fees and other rules. Meanwhile, developers are trying to figure out what opens up for them, he added.Read the full article here:https://lnkd.in/guy3i-U9
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Kesselman Brantly Stockinger LLP
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David W. Kesselman, Co-Managing Partner with Kesselman Brantly Stockinger, was recently named one of the Top Antitrust Lawyers in 2023 byThe Daily Journal.Kesselman was chosen for this honor based on his recent impressive work, including serving as lead antitrust counsel for the International Longshore and Warehouse Union Local 13 in a federal antitrust case involving an alleged conspiracy to restrain trade at the Port of Los Angeles. Kesselman toldThe Daily Journal, “This case is important because it adds to the important body of antitrust law addressing the Noerr-Pennington doctrine – and specifically where the line should be drawn between lawful petitioning activity and an unlawful boycott.”The publication also noted the pivotal role he played in the Epic Games, Inc. v. Apple, Inc. case, in which he drafted a Ninth Circuit amicus brief on behalf of leading Unfair Competition Law Practitioners and Scholars in support of the district court’s ruling that Apple violated California’s Unfair Competition Law.
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Microsoft's acquisition of Activision makes Big Tech even bigger — and harder to rein in morningstar.comAbiel Garcia, Partner with Kesselman Brantly Stockinger, was recently quoted in the MarketWatch article, “Microsoft's acquisition of Activision makes Big Tech even bigger — and harder to rein in.” The article looks at Microsoft’s bid to acquire Activision Blizzard, which could have an impact on future moves by federal regulators to block vertical deals. Big tech seems to be looking to merge now as the law makes it difficult to derail vertical deals. Garcia told MarketWatch, “It is almost near impossible.”He also commented that Microsoft-Activision is the latest example of a case that courts "have not bought into," out of a reluctance to make precedent-setting decisions on vertical deals that would most likely to be overturned on appeal. "It is hard to prove there is harm" with vertical deals, Garcia said. To deter if not stop Big Tech megadeals requires a congressional solution, he added, but there has been a dearth of significant tech legislation in the past two decades. Read the full article here:https://lnkd.in/ghXEj2Px
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Abiel Garcia, Partner with Kesselman Brantly Stockinger, was quoted in a MarketWatch article discussing the Google antitrust trial against the DOJ. The article, “Psst: Here's why Google's antitrust trial against the Department of Justice isn't being talked about much,” focuses on the overall closed nature of the proceedings and explores reasons why this may be happening. The case could lead to changes in Google’s business practices, but there has been a great deal of silence surrounding the details of this matter. Garcia told MarketWatch, "A trial should be open to the public, but there is a balancing act in affording companies some sort of privacy. Access to documents does disclose how a company thinks. There is a tension here in how Google wants its users to be transparent about their data but doesn't tell you what they are doing."Read the full article here: https://lnkd.in/gjCmKrde
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Search Is Currently Unavailable dailyjournal.comMajed Dakak, Partner with Kesselman Brantly & Stockinger, was recently quoted in the Daily Journal article, “Amazon has online monopoly, FTC says in latest complaint.”The article discusses the antitrust lawsuit filed by the FTC and 17 attorneys general this week against Amazon, alleging the company engaged in anticompetitive practices to maintain a monopoly. Dakak told the Daily Journal that on its face, the FTC’s case seems to have merit based on data they included showing Amazon’s share among other major e-commerce retailers increasing from 69% in 2015 to 77% is 2021. Amazon argues that the FTC’s statistical findings are too narrow as it excludes storefronts and perishable grocery sellers. Dakak commented, “I think a lot of people would have a difficult time imagining that local brick-and-mortar stores should be in the same category as online stores. I don’t think most consumers are seriously thinking, ‘You know what, instead of buying online, I’m going to my local store to price compare.”Read the full article here (subscription required):https://lnkd.in/gwUC54Gf
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News has broken today that the FTC along with 17 state attorneys general have filed an antitrust lawsuit against Amazon. Abiel Garcia, Partner with Kesselman Brantly Stockinger, was quoted today in the MarketWatch article, “Amazon sued by FTC, which charges that company is exploiting its monopoly power.”This is one of the highest profile cases in the agency’s efforts to reign in big tech. The lawsuit claims the tech giant’s business practices are anticompetitive and follows two previous actions the FTC has pursued against Amazon."It is significant, but not necessarily a make-or-break case" for Khan and the FTC, Garcia told MarketWatch. "The courts can only do so much. They will eventually need legislation" to strengthen and update antitrust law in the digital age.Read the full article here:https://lnkd.in/g-76TR27
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