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Page 138 of 155

Landmark Antitrust Arbitration Case Gives Up The Ghost

Posted  11/1/10
The landmark United States Supreme Court decision that is expected to be a death blow for class action arbitrations has apparently claimed its first victim, the case itself. Following its loss in the Supreme Court, AnimalFeeds International has voluntarily dismissed its antitrust action – Stolt-Nielsen S.A. et al. v. AnimalFeeds International Corp. – settling its claims of price fixing for the shipment of...

Europeans Block Iron Giants’ Second Attempt To Combine

Posted  10/28/10
For the second time in as many years, antitrust enforcers have blocked a proposed deal between mining companies BHP Billiton Ltd. and Rio Tinto Ltd. to create the world’s largest iron-ore exporter. The companies have announced that they will not proceed with a $10 billion joint venture of their ire ore operations in western Australia, due to objections from antitrust agencies in Australia, Germany, Japan, and...

Apple And AT&T Lose Bid To Dismiss Class In Ninth Circuit

Posted  10/26/10
The Ninth Circuit has affirmed class certification for an antitrust action against Apple, involving the length of time that iPhone users must use AT&T’s voice and data services. Judges Diarmuid O'Scannlain and William Fletcher have issued a one-page summary affirmance of the certification, which Judge James Ware of the Northern District of California granted on July 8, 2010. The Ninth Circuit case is Holman v....

Scrap Metal Cartels Facing Global Scrutiny

Posted  10/25/10
A worldwide antitrust crackdown on scrap metal cartels has landed in Korea with the Korean Fair Trade Commission’s recent imposition of a $1.45 million fine against 25 scrap metal processors for price fixing. Scrap metal processors purchase the scraps that are produced by the steel production process.  The processors in turn sort and clean the scrap metal and sell the final product to end users, frequently other...

Eleventh Circuit Reverses Itself To Give Eleventh Hour Reprieve To Class Action Plaintiffs With Small Individual Damages

Posted  10/22/10
Class action plaintiffs are breathing a little easier with last week’s decision by the U.S. Court of Appeals for the Eleventh Circuit to reverse its July decision that would have been the death knell for many class actions. But the court still ruled against the individual plaintiff in the case before it. In July, an Eleventh Circuit panel issued a surprising decision holding that CAFA – the Class Action...

Britain Eyes Merging Merger Cops

Posted  10/20/10
The United Kingdom’s two antitrust agencies will be merged if a proposed consolidation that seeks to streamline the British regulatory process passes its own merger review by the government. Currently, the U.K. employs two regulatory bodies to scrutinize competition activity, the Office of Fair Trading (“OFT”) and the Competition Commission.  The two bodies have slightly different roles, but work together in...

Antitrust Regulators Will Be Navigating Health Care Reform In Evaluating New Accountable Care Organizations

Posted  10/18/10
While doctors and medical organizations have long had to navigate antitrust concerns in their practices, antitrust regulators will now have to consider health care reform in evaluating collective action by health care providers in groups known as care accountable care organizations (“ACOs”). ACOs are health care provider groups responsible for the cost and quality of care delivered to a group of patients cared...

EU College Of Commissioners May Promote Antitrust Class Action Plan Despite Last Year’s Failing Grade

Posted  10/15/10
Although the American version of class actions may still be viewed as an unwelcome immigrant by businesses in Europe, the European Commission appears to be reviving efforts to fashion its own kinder, gentler, European version of class actions for antitrust violations. Recent reports indicate that the European Commission has gone back to work on an initiative to allow collective actions for damages by parties...

Wells Fargo A Day Late And A Dollar Short In Bid For Visa Check/MasterMoney Settlement Funds

Posted  10/15/10
The Second Circuit Court of Appeals has upheld a district court ruling that dismissed belated claims by Wells Fargo to participate in the groundbreaking settlements of the Visa Check/MasterMoney Antitrust Litigation. The settlements, finalized in 2005, involved payment of $3.05 billion by defendants Visa and MasterCard to a plaintiff class of millions of U.S. merchants afflicted by the defendants’ “Honor All...

You Say Potato, Plaintiffs Say Conspiracy In “OPEC Of Potatoes” Case

Posted  10/14/10
A group of Wisconsin consumers is asking the U.S. District Court in the Eastern District of Wisconsin to mash the alleged “OPEC of potatoes” in a class action alleging price fixing by a purported cartel of U.S. and Canadian potato growers and their co-conspirators, including leading agricultural technologist Bayer CropScience. This case – Rizzo, et al. v. United Potato Growers of America, Inc. et al. – is...
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