Antitrust Group Archives - Page 140 of 155

Federal Court Denies GE’s Request To Turn Off The Lights In Mitsubishi Heavy’s Mighty Wind Case

Posted 09/9/10

A federal judge has denied General Electric Company’s request to pull the plug on Mitsubishi Heavy Limited’s potential billion-dollar case alleging GE has tried to snuff out competition in the wind turbine market. United States District Court Judge J. Leon Holmes in Fayetteville, Arkansas, has denied GE’s motion to dismiss an attempted monopolization case brought by Mitsubishi. Mitsubishi alleges that GE...

Tagged in: Intellectual Property Law and Antitrust, Monopolization,

Second Circuit Denies Rehearing En Banc In Cipro Reverse-Payment Litigation

Posted 09/7/10

The U. S. Court of Appeals for the Second Circuit denied rehearing en banc today of its recent decision in the reverse-payment case of Arkansas Carpenters Health and Welfare Fund v. Bayer AG (In re Ciprofloxacin Hydrochloride Antitrust Litigation) – despite the original three-judge appellate panel’s extraordinary invitation to the parties to submit briefs requesting rehearing by the entire court. The case...

Tagged in: Antitrust Legislation, Intellectual Property Law and Antitrust,

Ninth Circuit Holds Labor Dispute No Excuse For Anticompetitive Profit-Sharing Agreement Among California Supermarkets

Posted 09/7/10

The U.S. Court of Appeals for the Ninth Circuit has held that a profit-sharing agreement among the grocery store defendants in California v. Safeway, Ralph’s, Von’s, Albertson’s and Food4Less violated the Sherman Act, despite the supermarkets’ defense that the agreement was intended to respond to a labor dispute, not to eliminate competition. The Court of Appeals reversed the district court ruling, and held...

Tagged in: Antitrust Litigation,

Ship Owners’ Insurance Clubs Come Under EU Microscope

Posted 09/1/10

The European Commission has opened a probe to investigate whether marine-insurance agreements among ship owners in the International Group of P&I Clubs (“IG”) restrict competition by blocking rivals from the market. The IG is comprised of 13 worldwide “protection and indemnity” clubs of ship owners, which together provide insurance to approximately 93 percent of ocean ships. The Commission is concerned...

Tagged in: Antitrust Enforcement, International Competition Issues,

Feds Debut Kinder, Gentler Horizontal Merger Guidelines

Posted 08/27/10

On August 19, 2010 – after 18 years, including a year-long revision process – the DOJ and FTC finally released a new – and kinder, gentler – version of the Horizontal Merger Guidelines. The Guidelines, originally adopted in 1968 and previously revised in 1992, “outline the principal analytical techniques, practices and the enforcement policy of the [DOJ and FTC] with respect to mergers . . . involving...

Tagged in: Antitrust Enforcement,

NOT DEAD YET: Third Circuit Almost, But Not Quite, Kills Massive Suit Against Insurers

Posted 08/23/10

The Third Circuit has affirmed the dismissal of most of the claims in a massive antitrust class action against most of America’s biggest insurance companies. Due to their failure to meet heightened pleading requirements, the plaintiffs in In re: Employee Benefit Insurance Brokerage Antitrust Litigation will not be able to pursue their claims of per se violations of Section 1 of the Sherman Act. The plaintiffs...

Tagged in: Antitrust Litigation,

Gambling Company Rolls Dice On Lawsuit And Comes Up Snake-Eyes

Posted 08/16/10

Thanks to a Nevada federal judge that dismissed its antitrust suit, casino payment company Sightline Payments, LLC, might be experiencing some fear and loathing in Las Vegas. In March, Sightline sued its larger competitor, Global Cash Access Holdings, Inc., under Sections 1 and 2 of the Sherman Act, and under Section 7 of the Clayton Act. Both companies offer services to provide cash access at casinos. ...

Tagged in: Antitrust Litigation,

Magazine Wholesaler’s Collusion Case Felled By Twombly

Posted 08/13/10

Judge Paul Crotty of the U.S. District Court for the Southern District of New York dismissed with prejudice an antitrust suit brought by bankrupt magazine wholesaler Anderson News LLC against a host of single-issue magazine publishers. Crotty ruled that Anderson's allegations of a broad industry-wide conspiracy did not meet the plausibility standards set forth in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007),...

Tagged in: Monopolization,

Opposition Mounts Against Measure To Limit Interstate Wine And Beer Sales

Posted 08/11/10

A bill introduced in the House this spring to allow states greater authority to regulate the interstate shipment of alcohol is facing growing opposition. In the latest declaration against the bill, the California Assembly last week unanimously passed Senate Joint Resolution 34, urging Congress to defeat H.R. 5034, the Comprehensive Alcohol Regulatory Effectiveness (CARE) Act of 2010. The CARE Act is a short...

Tagged in: Antitrust Legislation,

Europe Investigating IBM For Anticompetitive Behavior In Computer Mainframe Market

Posted 08/9/10

Big Blue is under scrutiny again by antitrust authorities – this time in the European Union. On July 26, 2010, the European Commission opened two formal investigations of International Business Machines Corp. (IBM) to probe allegations of IBM’s anticompetitive behavior in the mainframe computer market. These investigations come on the heels of the investigation launched in October 2009 by the U.S. Department...

Tagged in: International Competition Issues,

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Antitrust Group

Federal Court Denies GE’s Request To Turn Off The Lights In Mitsubishi Heavy’s Mighty Wind Case

Second Circuit Denies Rehearing En Banc In Cipro Reverse-Payment Litigation

Ninth Circuit Holds Labor Dispute No Excuse For Anticompetitive Profit-Sharing Agreement Among California Supermarkets

Ship Owners’ Insurance Clubs Come Under EU Microscope

Feds Debut Kinder, Gentler Horizontal Merger Guidelines

NOT DEAD YET: Third Circuit Almost, But Not Quite, Kills Massive Suit Against Insurers

Gambling Company Rolls Dice On Lawsuit And Comes Up Snake-Eyes

Magazine Wholesaler’s Collusion Case Felled By Twombly

Opposition Mounts Against Measure To Limit Interstate Wine And Beer Sales

Europe Investigating IBM For Anticompetitive Behavior In Computer Mainframe Market

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