Florida Attorney General Examines Alleged Anticompetitive Pharmacy Practices by PBM, Parent Company

By Christopher H. CaseyJonathan L. SwicharBradley A. Wasser and Kirk Williams McLeod

On June 23, 2026, Florida Attorney General James Uthmeier issued a civil investigative demand to CVS Health Corporation, the parent company of both the Caremark pharmacy benefit manager and hundreds of CVS retail pharmacies in Florida, opening a civil investigation into alleged anticompetitive and unfair pharmacy practices. The investigation is the latest in a wave of state and federal actions targeting the vertically integrated business models of the nation’s largest PBMs.

Read the full Alert on the Duane Morris LLP website.

DOJ and 17 State Attorneys General Resolve Benchmark Manipulation Case Against Egg Producers

Companies that use price indices or benchmarking services should be aware that federal and state antitrust enforcement agencies will pursue benchmark manipulation as a violation of the Sherman Act. The DOJ and a bipartisan group of 17 state attorneys general recently reached a settlement of pricing benchmark manipulation allegations with three of the country’s largest egg producers. The settlement requires the producers to collectively pay $3.3 million and donate 53 million eggs to food banks and nonprofits.

Read the full Alert on the Duane Morris LLP website.

State Attorneys General Urge FTC to Regulate Pricing Practices by Online Food Delivery Services

By Christopher H. Casey and Daniel R. Walworth

A group of 16 state attorneys general recently urged the Federal Trade Commission to issue new rules regulating pricing practices by online food delivery services. The states’ letter, dated May 18, 2026, calls for new rules against pricing practices used by such platforms that, the states allege, are deceptive and harm consumers in their states.

Read the full Alert on the Duane Morris LLP website.

State Attorneys General Pen Letter Urging FTC to Combat Hidden Rental Fees

By Christopher Casey, Paul Josephson and Daniel Walworth

Attorneys general from 26 states and the District of Columbia have joined forces to urge the Federal Trade Commission (FTC) to adopt a federal rule prohibiting landlords from imposing hidden fees and charges on prospective renters. The coalition of states—led by Colorado, New Jersey, Pennsylvania and Tennessee— sent a letter to the FTC on April 13, 2026, calling for decisive action against deceptive rental fee practices that, the states allege, harm consumers nationwide.

Read the full Alert on the Duane Morris LLP website.

DEA Issues Order Expediting Cannabis Rescheduling to Schedule III

By Paul P. JosephsonMichael D. Schwamm and Tracy Gallegos

On April 22, 2026, a final order issued by the acting U.S. attorney general and the Drug Enforcement Administration took effect, fundamentally altering the federal regulatory landscape for marijuana. The order moves FDA-approved drug products containing marijuana and marijuana subject to qualifying state-issued medical marijuana licenses from Schedule I to Schedule III of the Controlled Substances Act. Though a welcome and long-hoped-for action, it is critical to note this is not a broad legalization of all adult use cannabis sales. Nor does it legalize the controversial category of hemp-derived THC products.

Read the full Alert on the Duane Morris LLP website.

States Prevail in Live Nation Antitrust Trial: Lessons from the Verdict

By Sean P. McConnell, Christopher H. Casey and Katie Speegle

On April 15, 2026, a federal jury found that Live Nation Entertainment and its Ticketmaster subsidiary violated federal and state antitrust laws. The verdict holds critical lessons for any business relying on vertical integration, exclusive contracts, or data-driven strategies.

The jury concluded that Live Nation unlawfully monopolized multiple live entertainment markets by leveraging its dominant position in concert promotion, venue ownership, and ticketing to foreclose competition. Key evidence showed Ticketmaster controls approximately 86% of primary ticketing at major concert venues, while Live Nation’s promotion arm handles roughly 70%. Internal communications—including references to using a “velvet hammer” against competitors and exerting power over concert-goers by “robbing them blind”—proved particularly damaging.

Read the full analysis on the Duane Morris Antitrust Law Blog.

AGs in Eight States Challenge TV Merger After Federal Approval

By Sean P. McConnellChristopher H. Casey and Katherine Speegle

State attorneys general are increasingly challenging federal antitrust settlements and merger approvals—most recently in the $6.2 billion Nexstar/Tegna broadcast television transaction. In addition, congressional Democrats have proposed expanding the Tunney Act to enhance transparency, empower states to continue abandoned federal cases, and constrain merger closings during judicial review. For companies planning strategic transactions, these developments signal that federal clearance alone may no longer end deal risk.

Read the full Alert on the Duane Morris LLP website.

What Practitioners Need to Know About NJ Supreme Court Adoption of “Merits Briefing”

By Robert M. PalumbosPaul P. JosephsonChristopher H. CaseyAndrew R. Sperl and Justin G. Mignogna

In a February 26, 2026, notice, the Supreme Court of New Jersey announced sweeping amendments to the court rules governing briefing before the court. The new framework provides for merits briefing in all appeals taken on or after February 10, 2026. These changes represent the most significant overhaul of the court’s briefing procedures in years and carry important implications for appellate practitioners, amicus participants and anyone following the court’s docket.

Read the full Alert on the Duane Morris LLP website.

New California Bill Aims to Significantly Broaden Antitrust Law

The California Legislature is currently considering a bill that would substantially expand the scope and enforcement mechanisms of California’s antitrust regime. On January 30, 2026, the California Law Revision Commission officially approved a final legislative proposal to broaden the state’s antitrust statute, the Cartwright Act, to include single-firm conduct and to allow state enforcers to go beyond the federal Sherman Act. While the bill, AB 1776, remains under consideration in the state Legislature, it reflects a broader trend toward more aggressive antitrust regulation and enforcement at the state level, both in California and nationally. Read the Alert on the Duane Morris LLP website.

Republican State Attorneys General Issue Warning Letter to 80 Corporations Regarding Potential Anticompetitive Coordination Through Plastics Environmental Initiatives

On February 10, 2026, Republican attorneys general from 10 states sent letters to 80 companies warning them that their participation in groups seeking to reduce plastic usage may constitute a violation of federal and state antitrust and consumer protection laws.  The letter campaign was led by Florida Attorney General James Uthmeier. 

Uthmeier’s office posted online a sample letter addressed to Costco.

The letters target companies the AGs believe to be members of one or more of three environmental organizations—the U.S. Plastics Pact, the Consumer Goods Forum, and the Sustainable Packaging Coalition—that allegedly seek coordination among the companies with the goal of reducing the use of plastics.  These organizations, the AGs allege, “pressure companies into artificially changing the output and quality of their goods and services,” thus distorting normal market forces.  Such initiatives, the AGs warn, may constitute “unlawful restraints of trade in violation of the Sherman Antitrust Act,” and their states’ antitrust and consumer protection laws.

Coordinated reductions in the output or quality of goods and services, under some circumstances, can be anticompetitive. 

The AGs put the companies on notice that they should expect “formal investigative demands, subpoenas, or other compulsory legal process” regarding their participation in these initiatives, and that they should preserve relevant documents, communications, and data.  

In addition to Florida, the letters were signed by the AGs of Georgia, Iowa, Kansas, Nebraska, North Dakota, South Dakota, Montana, Texas, and West Virginia. 

The letters are the latest example of a significant uptick in antitrust enforcement by state attorneys general across the country.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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