Antitrust Group

Europeans Engage In A Little Spring Cleaning As They Open The Window On Fines

The European Commission is engaging in a little spring cleaning as it opens the window on how the European Union calculates fines, and cleans up a price-fixing cartel of laundry detergent producers. The EU’s drive for greater transparency in how it sets fines was announced by Competition Commissioner Joaquin Almunia, who revealed that the Commission will be adding a section on fines in its Statement of...

Europeans May Enlist Antitrust In Struggle For Net Neutrality

The European Commission may use antitrust law to enforce new “net neutrality” rules, according to an administrator who has directed both antitrust and telecommunications regulation for the 27-country European Union. New EU rules on non-discrimination by Internet service providers go into effect on May 25, 2011 and, like the rules enacted last year by the U.S. Federal Communications Commission, they represent a...

French Banks Offer To Cut Payment Card Fees to Resolve Price-Fixing Allegations

A consortium of 130 financial institutions operating the leading interbank network in France is offering to lower most interbank fees for card transactions in order to resolve a price-fixing investigation by the French Competition Authority. Groupement des Cartes Bancaires (“CB Group”), whose network accounts for more than two thirds of all card transactions in France, are offering to lower the fees to settle...

American Airlines Seeks To Ground High-Flying Orbitz

American Airlines has filed a lawsuit in the U. S. District Court for the Northern District of Texas against the second-largest online travel website – Orbitz Worldwide – and its largest stakeholder, Travelport, for allegedly engaging in monopolistic acts. The complaint alleges that Orbitz, based in Chicago, colluded with Travelport, based in the United Kingdom, to block an independent avenue for ticketing...

Court Refuses To Put Lid On Diaper Pail Advertising

The United States District Court for the Central District of California has denied Playtex’s motion for a preliminary injunction to enjoin rival diaper-pail producer, Munchkin, from advertising claims of a superior diaper pail. Munchkin is seeking a declaratory judgment in Munchkin, Inc. v. Playtex Products that Munchkin (1) is being truthful in claiming that its Diaper Pail is “The NEW #1 in Odor Control. ...

Federal Court Finds Sprinkler Monopolization Claims To Be all Wet

A federal court has decided that Digital Sun’s wireless sprinkler system may be innovative, but its claims of anticompetitive conduct by competitor Toro Company are all wet. Judge Lucy Koh of the U. S. District Court for the Northern District of California has ruled that that Digital Sun’s antitrust complaint in Digital Sun v. The Toro Company falls well short of pleading standards, and dismissed all claims...

Federal Court Rejects Bank’s Bid To Block Debit Card Regulations

Judge Lawrence Piersol of the U.S. District Court for South Dakota has denied a motion by TCF National Bank to preliminarily enjoin the enforcement of anticipated regulations regarding debit card interchange fees.  TCF has appealed the denial of the preliminary injunction to the Eighth Circuit Court of Appeals and has asked for expedited briefing and argument. The judge took under advisement a motion by the U.S....

Court Okays Suit To Untangle Cable Boxes

An antitrust suit by customers seeking to untangle services provided by their cable company, Insight Communications, has been given a green light by Judge Joseph McKinley of the U. S. District Court for the Western District of Kentucky, who denied a motion to dismiss. The customers allege that Insight illegally ties two separate products – its interactive cable service and the rental of a set-top box.  The...

Feds Prescribe Antitrust Enforcement For Health Care Organizations

The U.S. Department of Justice and the FTC have issued a Proposed Statement of Antitrust Enforcement Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program. The Proposed Statement was made on the same day that the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, filed its proposed rule regarding Medicare Shared Savings Program...

California Court Gives Green Light To Plaintiffs In Auto Insurance Case

Judge James Ware of the U.S. District Court for the Northern District of California has denied the summary judgment motions of several car insurers in a class action alleging they created a sham organization to eliminate competition in the market for repair parts. The plaintiffs in Perez et al. v. State Farm Mutual Automobile Insurance Co. et al. (No. 5:06-cv-01962) are California automobile insurance policyholders...