ABA Antitrust Law Section

[ABA Antitrust Daily Digest January 26, 2026]

Video game giant Valve facing UK lawsuit over pricing, commissions

(Reuters) The U.K.’s Competition Appeal Tribunal allowed a £656 million collective action to proceed against Valve, alleging Steam’s anti-competitive restrictions—such as price-parity and DLC lock-in—enabled “unfair and excessive” commissions of up to 30% affecting up to 14 million U.K. buyers since 2018. Valve’s bid to block certification failed, and the case advances alongside similar U.K. actions over Apple’s App Store and Google’s Play Store, while Valve also faces a separate U.S. consumer suit filed in Seattle in August 2024.

https://www.reuters.com/legal/litigation/video-game-giant-valve-facing-uk-lawsuit-over-pricing-commissions-2026-01-26/

Amazon to pay $309 million to U.S. shoppers in settlement over returns

(Reuters) Amazon agreed to pay $309 million and provide other benefits in a proposed class settlement over denied refunds, which plaintiffs say exceeds $1 billion in value—including more than $600 million in individual refunds and about $363 million in non-monetary improvements to return/refund practices—with class members to receive full incorrectly denied refunds or retrocharges plus interest and attorneys seeking up to $100 million in fees. Amazon denies wrongdoing, citing a 2025 internal review that identified and addressed issues; the Seattle case, filed in 2023, covers U.S. purchasers since September 2017 and awaits approval by U.S. District Judge Jamal Whitehead.

https://www.reuters.com/legal/government/amazon-pay-309-million-us-shoppers-settlement-over-returns-2026-01-26/

European regulators crack down on Big Tech

(Reuters) European and national regulators in Europe have intensified enforcement against Big Tech, launching new probes and imposing major penalties: Google faces an EU antitrust investigation over AI use of online content, a €2.95 billion adtech fine, mixed court outcomes on past fines, and UK scrutiny; Amazon’s bid to shed stricter EU platform rules was rejected; Apple has been fined under the DMA and antitrust laws, lost a €13 billion tax case, and agreed to open NFC payments; Meta is under an AI-related probe for WhatsApp and has been fined for Marketplace conduct and charged for DMA non-compliance; and Microsoft was charged for bundling Teams with Office. TikTok has been charged and preliminarily found in breach of DSA transparency duties but avoided a fine after concessions, while X faces an EU probe into Grok’s dissemination of illegal content and was fined €120 million under the DSA.

https://www.reuters.com/technology/european-regulators-crack-down-big-tech-2023-10-03/

European regulators crack down on Big Tech European regulators have launched a series of investigations into Big Tech in recent years.

[ABA Antitrust Daily Digest January 21, 2026]

F.T.C. Appeals Loss in Meta Antitrust Case

(The New York Times) The FTC filed a notice of appeal seeking to reverse its loss in the Meta antitrust case after Judge James Boasberg ruled last November that Meta’s Instagram and WhatsApp acquisitions did not violate the law amid changing social media competition. The preliminary appeal, part of a broader crackdown that has included wins against Google and suits against Amazon and Apple, will be briefed to the D.C. Circuit later, while Meta had no immediate comment.

https://www.nytimes.com/2026/01/20/technology/ftc-meta-antitrust-appeal.html

Netflix-Warner Bros deal could offer viewers relief from subscription fatigue

(Reuters) Many consumers hope a Netflix–Warner Bros merger—potentially bringing HBO Max under Netflix—could simplify bundles and reduce “subscription fatigue,” though streaming prices have generally climbed and Netflix has been phasing out cheaper tiers. Experts and lawmakers warn consolidation could stifle competition and bargaining, leading to fewer choices, higher rates, and potential erosion of HBO’s higher-prestige programming despite Netflix’s scale and claims of cost savings.

https://www.reuters.com/business/finance/netflix-warner-bros-deal-could-offer-viewers-relief-subscription-fatigue-2026-01-21/

Epic Games Hires Veteran Big Tech Lawyer After Antitrust Battles

(Bloomberg Law) Epic Games appointed veteran tech lawyer Reginald “Reggie” Davis as general counsel, succeeding long-time legal chief Canon Pence, bringing IPO-tested experience from Qualia, Zynga, and DocuSign, as well as earlier roles at Yahoo and private practice. The hire comes as Epic presses its antitrust campaign against Big Tech—fresh off an appellate win against Apple and a settlement with Google—with observers like Stanford’s Mark Lemley calling Davis a strong choice who could help guide the company through high-stakes litigation and potential public-market moves.

https://news.bloomberglaw.com/in-house-counsel/epic-games-hires-veteran-big-tech-lawyer-after-antitrust-battles

Epic Games Hires Veteran Big Tech Lawyer After Antitrust Battles Epic Games Inc., a software developer known for its popular Fortnite video game franchise and landmark antitrust disputes with Apple Inc., Alphabet Inc.‘s Google, and others, has brought on longtime technology industry attorney Reginald “Reggie” Davis as its new general counsel.

🎙️Listen to Our Curious Amalgam #361 All Change or More of the Same? UK Merger Control Developments: https://lnkd.in/gWFvKgjw

The UK merger control regime is undergoing procedural and substantive changes. What is happening and what should practitioners know? John Schmidt, solicitor at Arnold & Porter in London, joins Matthew Hall and Jaclyn Phillips to discuss the changes introduced by the UK Competition and Markets Authority’s (CMA) and the UK government. Listen to this episode to learn more about new CMA jurisdictional and procedural guidance, a strategic reform of UK merger remedies and institutional changes to phase 2 merger reviews.

Listen: https://lnkd.in/gWFvKgjw
Apple: https://lnkd.in/g-VYgKJB
Amazon: https://lnkd.in/gNrGJYw4
Audible: https://lnkd.in/gkZbE-4y
Spotify: https://lnkd.in/gKYyxytk
(New) YouTube Video: https://lnkd.in/gSKxPrrf
YouTube Music: https://lnkd.in/gjA9AhZS

[ABA Antitrust Daily Digest January 20, 2026]

UK plans overhaul of its antitrust regime to drive growth

(Reuters) Britain launched a consultation to overhaul its competition regime to make enforcement faster, more predictable, and proportionate, proposing changes to CMA merger and market decision-making, regular reviews of remedies, clearer merger control thresholds, and reaffirmed regulator independence; the CMA will also reassess legacy interventions, flagging that 33 of its existing remedies may no longer be necessary. In parallel, the government’s British Business Bank will invest £25 million in AI energy software firm Kraken Technologies and £50 million each in venture funds Epidarex Capital and IQ Capital, signaling a push to back domestic scale-ups, reduce red tape, and encourage potential London listings.

https://www.reuters.com/sustainability/boards-policy-regulation/uk-plans-overhaul-its-antitrust-regime-drive-growth-2026-01-19/

Trump Administration Signals New Era in Antitrust Enforcement

(Bloomberg Law) The DOJ and FTC spent the first year of the second Trump administration setting a more traditional, transparency-focused antitrust agenda—prioritizing tech, national security–sensitive industries, and health care—while signaling faster reviews for non-problematic deals and continued scrutiny of cross-border risks amid geopolitical shifts. Departing from the prior administration’s litigation-first posture, the agencies have reopened the door to settlements (including behavioral remedies), with “litigate the fix” remaining a viable backstop, setting up 2026 for a more predictable, remedies-oriented enforcement environment where early engagement and tailored commitments are often decisive.

https://news.bloomberglaw.com/legal-exchange-insights-and-commentary/trump-administration-signals-new-era-in-antitrust-enforcement

X’s Antitrust Suit Targets Common Music-Industry Copyright Moves

(Bloomberg Law) X Corp. sued the National Music Publishers’ Association and major publishers, alleging they coordinated through the trade group to flood X with DMCA takedown requests and collectively refuse to negotiate individually, pressuring X into costly, industrywide synchronization licenses—a strategy X says wields combined market power to extract supracompetitive terms. While publishers argue the notices are a standard, lawful DMCA process used across the industry, experts note that even lawful tools can raise antitrust concerns when used by competitors acting in concert, and the suit may plausibly survive a motion to dismiss despite the long history of collective licensing in music.

https://news.bloomberglaw.com/ip-law/xs-antitrust-suit-targets-common-music-industry-copyright-moves

X’s Antitrust Suit Targets Common Music-Industry Copyright Moves Elon Musk’s social media platform is accusing music publishers of violating antitrust law through the seemingly mundane practice of using a trade group to send takedown requests for posts they say infringe their copyrights.