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Ninth Circuit Slams The Gate On Prison Health Care Antitrust Suit

Posted  08/5/11
The U.S. Court of Appeals for the Ninth Circuit has affirmed the dismissal of Colonial Medical Group Inc.’s antitrust suit against a competing health care provider and a hospital that Colonial alleged engaged in anticompetitive conduct in a prison health care market. Colonial, a medical services provider, had claimed that its competitor, Golden Empire Management Care and Managed Care Systems LP (“GEMCare”),...

GSI Technology Sues Cypress Semiconductor In High-Tech Memory Suit

Posted  08/1/11
GSI Technology, a producer of computer memory products, has filed an antitrust complaint charging Cypress Semiconductor with monopolizing the high-tech static random access memory (“SRAM”) market. Cypress is one of the major players in the market for static random access memory SRAM market, while GSI is a much smaller producer. The complaint filed in the U.S. District Court for the Northern District of...

Pharmaceutical Benefits Managers’ Merger Could Result In Prescription For Heavy Antitrust Scrutiny

Posted  07/29/11
A proposed merger of Express Scripts and Medco, two of the largest pharmaceutical benefits managers (“PBMs”) in the United States, is likely to draw a prescription for significant antitrust scrutiny from federal regulators. PBMs contract with health insurers and employers to manage health insurance plan pharmaceutical benefits, among other ways by negotiating with pharmaceutical manufacturers and pharmacies to...

Consumer Groups Win As FCC Finds Itself Bound In Sequel To Prometheus

Posted  07/25/11
In a major victory for consumer groups and a substantial blow to deregulation proponents, the U.S. Court of Appeals for the Third Circuit has reined in the Federal Communications Commission (“FCC”) and struck down its revised rules designed to deregulate media ownership. The Third Circuit’s second major decision in Prometheus Radio Project v. Federal Communications Commission (“Prometheus II”) rejects...

Feds Simplify Premerger Notification Form

Posted  07/22/11
As part of an effort to streamline their regulatory review of mergers, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) have made “substantive and ministerial” revisions to the form required for proposed mergers under the Hart-Scott-Rodino Act. The Hart-Scott-Rodino Act requires companies to seek prior approval for acquisitions exceeding $65 million.  The DOJ and FTC say the...

Yanks And Europeans Open Antitrust Probes Of TRW And Autoliv

Posted  07/21/11
Two major players in the automotive manufacturing industry, Sweden’s Autoliv and Michigan’s TRW, are under investigation by the antitrust divisions of both the U.S. Department of Justice (“DOJ”) and the European Commission ("EU"). Both companies are multi-billion dollar corporations that supply safety systems, such as seatbelts, airbags and steering wheels, to automakers.  Autoliv and TRW each operate on a...

Lackadaisical Discovery And Vague Allegations Cancel Flight Of Oil Helicopter Conspiracy Case

Posted  07/19/11
A combination of a failure to pursue discovery and vague allegations have led  Judge Legrome D. Davis of the U.S. District Court for the District of Delaware to grant summary judgment, dismissing price-fixing claims in Superior Offshore Int'l, Inc. v. Bristow Group Inc.. Plaintiff Superior Offshore is a purchaser of helicopter services to offshore oil and gas sites.  Defendants Era Helicopters, LLC, Era Group...

India's Competition Commission May Take Bite Of Apple

Posted  07/18/11
Apple may be facing an antitrust probe in India due to a consumer complaint urging India’s Competition Commission to investigate whether Apple violated competition laws by partnering with two of India’s largest mobile phone operators to sell the iPhone 4. Apple chose two of India’s major carriers – Bharti Airtel and Aircel – as partners to sell Apple’s most recent iPhone model, the iPhone 4, which was...

Sixth Circuit Revives Carpet Wars

Posted  07/12/11
The U.S. Court of Appeals for the Sixth Circuit has revived an antitrust suit brought by carpet dealer Watson Carpet & Floor Covering, Inc. alleging rival dealer Carpet Den Inc. and supplier Mohawk Industries Inc. conspired against Watson to harm its business. In Watson Carpet & Floor Covering, Inc. v. Mohawk Industries Inc. et al., No. 09-6140, the Sixth Circuit reversed the lower court’s ruling that Watson had...

FTC and DOJ Set to Ink Landmark Agreement with Chinese Counterparts

Posted  07/8/11
The U.S. Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) plan to sign a memorandum of understanding with China’s three antitrust enforcement agencies, signaling the first formal pact of cooperation between U.S. and Chinese regulators. This deal comes on the heels of China’s sweeping antitrust reform, a policy it developed with advice from foreign agencies like the FTC.  The growing...
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