State Attorneys General Blog

Two recent cases filed by state attorneys general allege collusion and fixing reimbursement rates among pharmacy benefit managers, following on a trend of states asserting violations of antitrust laws. On August 27, 2026, the Florida Office of the Attorney General filed a lawsuit against two PBMs for allegedly colluding in December 2019 to fix the price of reimbursement rates provided to Florida retail pharmacies. And on August 31, 2026, Louisiana’s Office of the Attorney General filed a similar lawsuit alleging unlawful fixed reimbursement rates to independent pharmacies.

Read the full Alert on the Duane Morris LLP website.

July 23, 2026July 23, 2026 by Duane Morris

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

By Christopher H. Casey, Jonathan L. Swichar, Bradley 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.

July 8, 2026July 8, 2026 by Christopher H. Casey

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.

June 1, 2026June 1, 2026 by Christopher H. Casey

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.

April 24, 2026April 24, 2026 by Duane Morris

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.

April 24, 2026April 24, 2026 by Duane Morris

DEA Issues Order Expediting Cannabis Rescheduling to Schedule III

By Paul P. Josephson, Michael 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.

April 17, 2026April 17, 2026 by Duane Morris

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.

March 27, 2026March 27, 2026 by Duane Morris

AGs in Eight States Challenge TV Merger After Federal Approval

By Sean P. McConnell, Christopher 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.

March 11, 2026March 11, 2026 by Duane Morris

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

By Robert M. Palumbos, Paul P. Josephson, Christopher H. Casey, Andrew 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.

March 2, 2026March 2, 2026 by Duane Morris

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.