In This Issue1
United States | Mexico | Poland | The Netherlands | European Union | Germany | Japan
United States
A. U.S. Litigation
1. Nirvana Durbal v. Assoc. of Am. Med. Colleges, Case No. 1:25-cv-02537 (D.D.C. Sept. 24, 2026).
On Sept. 24, 2026, a D.C. federal judge struck several claims against the Association of American Medical Colleges (AAMC) but allowed price-fixing claims based on AAMC’s standardized medical-school application fees to proceed. A class of former medical-school students alleged false advertising concerning fees and price-fixing for applications to U.S. medical schools. The court dismissed the false-advertising claims but held that the plaintiffs plausibly alleged that AAMC used monopoly power to set uniform fees of $175 for the first application and $47 for each additional application.
2. Derek Simpson, et al. v. Nat’l Collegiate Athletic Assoc., Case No. 260900836 (Sept. 22, 2026).
On Sept. 22, 2026, a Pennsylvania state-court judge denied college athletes’ motion for an injunction requiring the National Collegiate Athletic Association (NCAA) to let them play a fifth season while their litigation is pending. The athletes, all of whom graduated from high school in 2022, allege that the NCAA’s rule granting a fifth year of eligibility only to students who graduated after 2022 is anticompetitive. The court concluded that the athletes allegedly lost compensation for their names, images, and likenesses (NIL), which money damages could fully remedy, so an injunction was unnecessary to prevent irreparable harm.
3. Redner’s Markets Inc. v. Lamb Weston Holdings Inc., Case No. 1:24-cv-11801 (N.D. Ill. Sept. 18, 2026).
On Sept. 18, 2026, a federal judge denied a motion to dismiss a class-action antitrust lawsuit brought against four companies that control 98% of the U.S. frozen-potato market. The plaintiffs allege that the companies manipulated prices for frozen hash browns, tater tots, and other products, causing consumer prices to rise 62%. The court held that plaintiffs plausibly alleged federal antitrust violations, but dismissed certain companion state-law claims based on state-specific issues.
B. Federal Trade Commission (FTC)
1. Statement regarding Fairfield Medical Center’s sale to Adena Health.
On Sept. 2, 2026, the FTC announced that Adena Health completed its acquisition of Fairfield Medical Center (FMC) (in southeastern Ohio) after an FTC investigation coordinated with the Ohio Attorney General’s Office raised competitive concerns about an earlier proposed acquisition of FMC by OhioHealth. The FTC warned that the OhioHealth transaction might increase healthcare costs and reduce care quality and questioned whether FMC had adequately explored alternative buyers. FMC then conducted a broader sale process that led to the Adena Health transaction, which the FTC viewed as posing fewer competitive risks. Daniel Guarnera, director of the FTC’s Bureau of Competition, said the matter demonstrates the agency’s commitment to rigorous hospital merger review, particularly in rural communities, and warned that companies invoking the “failing firm” defense must thoroughly search for potential buyers.
2. FTC approves publication of Federal Register notices revising the Commission’s Rules of Practice.
On Sept. 24, 2026, the FTC announced amendments to its Rules of Practice to align them with the FTC Act and reflect organizational changes, including the creation of the American Competition Enforcement Division. The revisions also correct minor errors and omissions from prior rules.
3. FTC, states win protections to lower pesticide prices for American farmers in antitrust case against Corteva.
On Sept. 28, 2026, the FTC announced that it and several state attorneys general reached a settlement with pesticide manufacturer Corteva Inc., requiring the company to dismantle its loyalty program. The FTC and the states alleged that the program gave pesticide distributors substantial financial incentives to limit or discontinue generic products, restricting farmers’ access to lower-cost alternatives. For 10 years, Corteva may not condition distributor benefits on purchasing large shares of Corteva products or otherwise restrict purchases of generic alternatives. The settlement resolves claims against Corteva in the FTC’s 2022 lawsuit, but parallel litigation against Syngenta Crop Protection remains pending.
C. Department of Justice (DOJ) Civil Antitrust Division
Decree would prohibit algorithmic coordination and exchanging competitively sensitive data with competitors.
On Sept. 4, 2026, the Justice Department’s Antitrust Division filed a proposed consent decree with Pinnacle Property Management Services (Pinnacle), resolving allegations that Pinnacle used nonpublic competitor data and other anticompetitive practices in pricing rental housing. If approved, the decree would require Pinnacle to: (1) stop using revenue-management products informed by nonpublic competitor data; (2) refrain from sharing competitively sensitive information with competitors or agreeing with other owners or managers to use a particular revenue-management product; (3) submit to a compliance monitor if it uses a third-party pricing algorithm outside the decree’s terms; (4) refrain from participating in RealPage meetings with competing landlords; and (5) cooperate with the DOJ’s claims against other parties. The proposed settlement will be published in the Federal Register for a 60-day public-comment period before the court decides whether to enter final judgment.
Mexico
National Antitrust Commission (CNA)
CNA opens investigation into possible monopolistic practices in Mexican professional soccer.
The Investigating Authority of the CNA published a resolution opening an ex officio investigation into possible relative monopolistic practices in the professional soccer market. The Investigating Authority opened the investigation after monitoring public information, news reports, and fan complaints about possible anticompetitive conduct in Mexican soccer for several months. According to the CNA’s notice, the authority identified sufficient indications to initiate a formal proceeding.
The opening resolution neither determines that an infringement occurred nor identifies responsible parties. The investigation nevertheless has significant scope because it concerns possible relative monopolistic practices that raise rivals’ costs — conduct that, if proven, may constitute an abuse of market power.
The CNA considers the case significant because of soccer’s economic and social importance in Mexico. According to information cited by the authority and other public sources:
- Mexico has the world’s second-largest number of soccer fans, with approximately 250,000 people attending events each weekend.
- The 2026 World Cup final had an estimated audience of more than 30.5 million people in Mexico.
- Mexico’s soccer industry generated more than MXN 52 billion in 2024 and supports approximately 150,000 jobs annually.
If the proceeding establishes an infringement, the CNA’s Plenary may impose sanctions of up to 10% of the responsible economic agent’s annual revenue and order the practice corrected or eliminated.
Poland
President of the Polish Office of Competition and Consumer Protection (UOKiK)
1. UOKiK fines Inea for imposing excessive early termination charges and orders refunds for an unauthorized paid service.
On Sept. 23, 2026, UOKiK announced a PLN 1.88 million (approx. $0.49 million) fine on telecommunications operator Inea. UOKiK alleged that Inea had charged excessive fees for the early termination of fixed-term television and internet subscription contracts.
Inea allegedly required consumers who terminated their contracts early to repay discounts that exceeded the subscription fees through expiration. As a result, consumers might ultimately have paid less if they continued receiving services they no longer used than they would have if they terminated their contracts. UOKiK also alleged that Inea activated a paid antivirus service without consumers’ express consent and, in some cases, despite their objections.
UOKiK ordered Inea to reimburse consumers for improperly charged early termination fees. In relation to the antivirus service, Inea was required to uphold consumer complaints and refund the fees charged. The decision is not final and may be appealed.
2. UOKiK fines Procam for unfair trade practices.
On Sept. 9, 2026, UOKiK announced a PLN 1.01 million (approx. $0.27 million) fine on Procam under the Act on Counteracting the Unfair Use of Contractual Advantage in Trade in Agricultural and Food Products, which governs unfair practices in the food chain.
UOKiK found that Procam required farmers to fulfill their delivery obligations even when adverse weather conditions reduced their crop yields. The force majeure clause in Procam’s terms and conditions covered events such as war, hurricanes, and strikes but did not extend to common weather events in Poland like droughts, heavy rainfall, and spring frosts. As a result, UOKiK found that farmers were exposed to contractual penalties for delivery shortfalls caused by circumstances beyond their control. UOKiK also considered the two-day deadline for reporting force majeure events to be unreasonably short.
Procam voluntarily accepted the fine and waived its right to appeal, rendering the decision final. The company also introduced new contract templates.
The Netherlands
Dutch Competition Authority (ACM)
1. ACM secures commitments from bol in digital markets investigation.
On Aug. 5, 2026, the ACM announced that online retailer bol, a large Dutch e-commerce platform, had offered commitments following an investigation of its online marketplace. The commitments address concerns relating to the treatment of third-party sellers, the transparency of product rankings, and the use of marketplace data. Under the commitments, bol has agreed not to use the data collected from third-party sellers to benefit its own retail activities and has agreed to improve product rankings on its platform.
2. Dutch House of Representatives approves proposed ACM merger control call-in power.
On Sept. 22, 2026, the Dutch House of Representatives (Tweede Kamer) approved legislation (the Wet inroepbevoegdheid ACM) that would give the ACM the power to review certain mergers and acquisitions that fall below the existing Dutch merger control thresholds. The proposal is intended to allow the ACM to scrutinize transactions that may raise competition concerns despite not triggering a mandatory filing requirement, including so-called “killer acquisitions” and certain buy-and-build strategies. The proposal would also increase the Dutch turnover threshold for mandatory merger notifications from €30 million (approx. $33.9 million) to €75 million (approx. $84.7 million). The Dutch Senate (Eerste Kamer) must now consider the proposed legislation.
European Union
European Commission (EC)
1. EC closes antitrust investigation after Pratt & Whitney removes aftermarket restrictions.
On Aug. 21, 2026, the EC closed its antitrust investigation into Pratt & Whitney, a leading supplier of turboprop aircraft engines, after the company amended contractual provisions that may have restricted competition in the aftermarket supply of aircraft spare parts. The EC examined whether Pratt & Whitney restricted independent suppliers’ access to used engine cores and certification services, which are necessary to refurbish and sell spare parts for certain aircraft engines. Following discussions with the EC, Pratt & Whitney removed the restrictions in question and clarified that maintenance shops were not prevented from purchasing spare parts from independent suppliers. In light of these changes, the EC concluded that Pratt & Whitney had addressed its concerns and closed the investigation without adopting an infringement decision.
2. EC advances review of EU Merger Guidelines.
On Aug. 24, 2026, the EC published an economic study on the dynamic effects of mergers as part of its ongoing review of the EU Merger Guidelines. The review forms part of a major re-examination of the EC’s merger assessment framework and is intended to reflect developments such as digitalization, innovation, globalization, and decarbonization — as well as to provide updated guidance on how the EC assesses mergers across sectors. The study forms part of a broader consultation process launched following the publication of draft revised EU Merger Guidelines in April 2026.
3. EC sends Statement of Objections over proposed UPM/Sappi joint venture.
On Aug. 26, 2026, the EC sent a Statement of Objections to UPM and Sappi regarding their proposed industrial joint venture. The Statement of Objections sets out the EC’s preliminary view that the transaction may restrict competition in certain affected markets. The Statement of Objections is a formal step in the EC’s Phase II investigation and gives the parties an opportunity to respond before the EC adopts a final decision. The investigation remains ongoing.
Germany
Bundeskartellamt (BKartA)
On Sept. 28, 2026, the BKartA cleared EDEKA’s acquisition of 178 tegut stores and other assets, subject to commitments.
The BKartA found that the transaction would impede effective competition in 34 regional markets in Hesse, Thuringia, northern Bavaria, and Baden-Württemberg. To address these concerns, the EDEKA Group committed not to acquire 24 tegut stores, including their leases and follow-on leases, for four years. EDEKA also committed not to demand more favorable terms from suppliers because of the merger without offering adequate consideration. The BKartA concluded that these commitments resolved its competition concerns.
Separately, the BKartA is continuing to examine REWE’s proposed acquisition of additional tegut stores in a Phase II proceeding. REWE has offered commitments, and the current review deadline is set for Oct. 29, 2026.
Japan
Japan Fair Trade Commission (JFTC)
JFTC cautions against price cartels amid ongoing inflation.
At its regular press briefing on Sept. 2, 2026, the JFTC’s secretary-general warned against price cartels amid Japan’s continuing inflation. Although not an enforcement action, the announcement was a rare proactive advisory, likely the first since joining the JFTC in 1990.
The JFTC cited elevated raw-material, labor, and logistics costs that have increased prices across products and services. It also noted that escalating tensions in the Middle East have raised crude oil prices and, in turn, packaging and fuel costs, accelerating price increases since July 2026. According to media reports the JFTC cited, prices increased for more than 4,000 food and beverage items delivered beginning Sept. 1, with further revisions expected in October.
The JFTC reiterated that passing higher costs on through prices is normal in a market economy and that facilitating pass-through across the supply chain remains an agency policy objective. But pricing is a core competitive tool, and each business must independently decide whether, when, and to what extent to reflect higher costs in its prices. Competitor coordination on price levels or the timing of increases constitutes a price cartel under the Antimonopoly Act (AMA), regardless of the legitimacy of the underlying cost pressures.
The secretary-general noted that broad-based inflation may make coordinated increases harder to distinguish from ordinary market movements because consumers expect widespread increases and companies following market trends attract less attention. The JFTC expressed particular concern about cartels involving consumer goods and services, consistent with the enforcement priorities it announced in January 2026 and the Cabinet’s July 2026 “Japan Growth Strategy,” which calls for further price pass-through and normalized trade practices to support wage growth.
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1 Due to the terms of GT’s retention by certain of its clients, these summaries may not include developments relating to matters involving those clients.