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Page 136 of 155

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...

Tagged in: Antitrust Litigation,

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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),...

Tagged in: Antitrust Litigation, Price Fixing,

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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...

Tagged in: Antitrust Enforcement, Antitrust Policy,

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Stop The Presses!: Predatory Pricing Verdict Against San Francisco Weekly Upheld

Posted  12/1/10
The California Supreme Court, in Bay Guardian Co. v. New Times Media LLC, No. S186497 (Cal. Nov. 23, 2010), has declined to review rulings from the California Superior trial court and California Court of Appeal upholding a $21 million antitrust damages verdict against the San Francisco Weekly.  The SF Weekly and its parent, Village Voice Media Holdings, were accused by the plaintiff, the Bay Guardian, of trying to...

Tagged in: Antitrust Litigation,

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A Streetcar They Desired

Posted  11/24/10
Zipcar Inc., the worldwide leader in car-sharing with over 500,000 members and 8,000 vehicles, was granted approval in its bid to acquire Streetcar Limited, a leading car-sharing company in the UK.  The Competition Commission, the UK’s independent public body responsible for investigating mergers, found it unlikely that the merger would lead to a decrease in competition, thereby permitting the acquisition to...

Tagged in: Antitrust Enforcement, International Competition Issues,

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Canada: Advertising Campaign Challenged By Competition Bureau

Posted  11/23/10
The Competition Bureau filed a complaint in Ontario Superior Court of Justice against Rogers Communications Inc. alleging that the advertising of its Chatr discount cell phone and text service violates the misleading advertising provisions of the Competition Act.  The Bureau is asking for an injunction to stop the advertising campaign and an administrative monetary penalty of $10 million dollars. The Rogers ad...

Tagged in: International Competition Issues,

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Recent Case Highlights Issues In Public Antitrust Investigations

Posted  11/22/10
Of all the substantive areas of American law, antitrust is perhaps the one that most aggressively reaches foreign conduct.  Ever since the Second Circuit’s 1945 Alcoa opinion (United States v. Aluminum Co. of America, 148 F.2d 416), courts and Congress have recognized that foreign conduct, when it affects U.S. commerce, can violate U.S. antitrust laws.  Thus U.S. antitrust regulators sometimes seek evidence of...

Tagged in: Antitrust Enforcement, Antitrust Litigation, Antitrust Policy, International Competition Issues,

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No Small Beer Here – Appeals Court Confirms Massive Brewing Companies’ Merger

Posted  11/19/10
Beer giants Anheuser-Busch Companies, Inc. and InBev, NV/SA didn’t exactly meet at a bar, but they can go ahead and merge.  The Eighth Circuit, affirming a lower court’s decision, on October 27 held that there’s no reason to roll back the consummated merger under Sections 7 and 16 of the Clayton Act. Until their merger in 2008, each company was already huge:  Belgium-based InBev was the largest brewer in...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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Inpatient Psychiatric Service Providers Can Put Their Minds At Rest As They Settle With FTC To Complete $3 Billion Acquisition

Posted  11/18/10
On November 15, 2010, the Federal Trade Commission announced a settlement of its claims that the proposed acquisition of Psychiatric Solutions Inc. by Universal Health Services Inc. would violate antitrust laws by combining the two largest providers of acute inpatient psychiatric services in three geographic markets (Delaware, Puerto Rico, and Las Vegas), decreasing competition for such services (click here to view...

Tagged in: Antitrust Enforcement,

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EU: Deodorant Merger Passes The Smell Test

Posted  11/17/10
Today, the European Commission conditionally cleared a $1.76 billion (1.2 billion euro) acquisition by Unilever, an Anglo-Dutch company, of the Sara Lee Corporation household and body care division.  The clearance required a divestiture of Sara Lee’s Sanex brand and other related business in Europe due to a concern about anticompetitiveness in certain deodorant markets. “We had to ensure that the transaction...

Tagged in: Antitrust Enforcement, International Competition Issues,

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