antitrust enforcement

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Antitrust enforcement has long represented a significant source of corporate liability exposure, and, as D&O Diary readers know, often serves as the catalyst for follow-on securities class actions and derivative suits. In the latest example of this litigation pattern, online real estate and rental marketplace, the Zillow Group (“Zillow”), and its CEO and CFO, have been named as defendants in a securities suit after the FTC filed an antitrust lawsuit against Zillow in September.

The June 9, 2026, complaint against Zillow can be found here (Zillow SCA).

Continue Reading Zillow Securities Lawsuit
Sarah Abrams

In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the new whistleblower program that the DOJ’s antitrust division recently announced in conjunction with the U.S. Postal Service, and considers the D&O liability and insurance implications. I would like to thank Sarah for allowing me to publish her article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Sarah’s article.

Continue Reading Guest Post: Going Postal

As reflected in their January 18, 2022 stipulation of settlement, the parties to the consolidated Teva Pharmaceutical Industries securities class action litigation have reached an agreement to settle the case for a payment of $420 million. The settled claims relate to underlying allegations concerning price-fixing in connection with the company’s generic drug products. According to the statements of a company spokesperson, the “vast majority” of the settlement amount will be funded by the company’s D&O insurers. The settlement is subject to court approval. A copy of the parties’ January 18, 2022 stipulation of settlement can be found here.
Continue Reading Teva Settles Price-Fixing-Related Securities Class Action Litigation for $420 Million

In my annual roundup of the issues to watch in the world of D&O that I posted early in the fall, I included in my list of topics the possibility of an increase in antitrust-related enforcement activity. I raised this concern in part because of fears arising from the emerging make-up of the Biden Administration’s antitrust regulatory team. For some readers, it may not have been apparent how these antitrust regulatory concerns might translate into D&O claims activity. Anyone looking for an example of how antitrust enforcement activity can lead to D&O claims will want to review the two shareholder derivative actions filed late last week against certain directors and officers of Alphabet, the parent of Google, as well as against directors and officers of Google itself. The complaints assert breach of fiduciary duty claims against the defendants relating to antitrust enforcement actions that have been filed against Alphabet and against Google by federal and state regulators.
Continue Reading Alphabet’s Board Hit with Antitrust Enforcement Follow-On D&O Lawsuits