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Page 135 of 155

China Takes Aim At Classic Antitrust Violations

Posted  01/27/11
China is beefing up its antitrust laws, and will be taking a closer look at classic antitrust violations such as price fixing and abuse of monopoly power. According to a government press release, China is taking the action because “various forms of price collusion and the abuse of monopoly position are seriously harming the legal rights and interests of consumers.” The measures build on an antitrust law that...

New York Court Reinstates Reinsurer’s Case, Reaffirming Antitrust Injury Extends Beyond Competitors And Consumers

Posted  01/24/11
The Appellate Division of the New York State Supreme Court has reinstated an antitrust lawsuit against a reinsurer created in the 1990s to rescue underwriters at Lloyd's of London from soaring asbestos and environmental liabilities stemming from policies Lloyd’s sold before 1993. The appellate court opinion reaffirms the principle that antitrust injury can extend beyond simply competitors and consumers of a...

Transportation Feds Seek To Unplug Railroad Bottlenecks

Posted  01/19/11
The federal transportation agency that oversees regulation of railroads is looking for ways to unplug bottlenecks that may be blocking competition on U.S. railways. The U.S. Surface Transportation Board (“STB”) has issued a notice that it “will receive comments and hold a public hearing to explore the current state of competition in the railroad industry and possible policy alternatives to facilitate more...

Circumstantial Evidence Batting .500 In Seventh Circuit This Month With Omnicare Defeat

Posted  01/13/11
Proponents of proving antitrust conspiracies with circumstantial evidence are one for two in Seventh Circuit decisions decided in the last two weeks with the plaintiff’s summary judgment loss in Omnicare Inc. v. UnitedHealth Group, Inc. The decision by the U.S. Court of Appeals for the Seventh Circuit affirming Judge Rebecca Pallmeyer’s grant of summary judgment to the defendants in Omnicare is that court’s...

Judge Posner Texts Twombly No Bar To Texters’ Circumstantial Class Action

Posted  01/10/11
In an opinion written by antitrust expert Judge Richard Posner, the U.S. Court of Appeals for the Seventh Circuit has rejected a bid by defendant cell phone companies to throw out a class action alleging that the companies conspired to fix text message prices. The Seventh Circuit held that the plaintiffs’ second amended complaint in In re: Text Messaging Antitrust Litigation contained enough circumstantial...

Priceline Loses Bid To Participate In Payment Card Settlement

Posted  01/5/11
The U.S. Court of Appeals for the Second Circuit has affirmed a lower court’s ruling that Priceline.com, Inc. did not fit the definition of a class member described in a $336 million antitrust class action settlement agreement that resolves claims of price fixing in the consumer payment card industry. The plaintiffs in the In re Currency Conversion Fee Antitrust Litigation alleged a price-fixing conspiracy among...

EC Pulls The Plug On LCD Manufacturers’ Price Fixing Conspiracy

Posted  12/22/10
The European Commission has fined five manufacturers of liquid crystal display (“LCD”) panels a total of 649 million euros (approximately US$ 860 million) for participating in a price-fixing conspiracy between October 2001 and February 2006. LCD panels are the main component of the flat screens used in televisions, laptop computers and desktop computer monitors. In a press release, the Commission stated that...

District Judge Puts iPhone Plaintiffs On Hold

Posted  12/20/10
Just weeks after the Ninth Circuit agreed to certify a class of plaintiffs suing Apple and AT&T for antitrust violations related to iPhone contracts, the district court judge presiding over the case has put the plaintiffs’ case on hold. Judge James Ware of the Northern District of California wants to let the Supreme Court decide a different case concerning arbitration before he proceeds with In re Apple & ATTM...

No Payoff For Plaintiffs Seeking To Reinstate ATM Fee Antitrust Litigation

Posted  12/9/10
The United States District Court for the Northern District of California has denied plaintiffs’ motion to reconsider its September 16 2010, ruling that plaintiffs in the ATM Fee Antitrust Litigation have no standing to pursue their price fixing claims against an ATM network and a group of banks.  The District Court dismissed plaintiffs’ claims under the rule of Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977),...

American Antitrust Institute Asks FTC To "Proceed Forcefully" Against CVS Caremark

Posted  12/2/10
As CVS Caremark is learning, even an approved merger does not protect a company from later being accused of anti-competitive behavior as a result of the merger.  As we wrote in an earlier post, the Federal Trade Commission began investigating CVS Caremark Corp., which has been accused of anti-competitive practices, in spite of the fact that the FTC approved its merger several years ago.  The 2007 merger—worth $27...
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