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FTC Considers New Antitrust Exemptions To Rejuvenate Old Media

Posted  08/2/10
New antitrust immunity for old media is one of the options discussed by the FTC staff in its recently released Discussion Draft on proposals to support “reinventing” journalism.  The Draft is part of a project begun in May 2009 to consider the challenges faced by journalism in the digital age. After reciting well-known statistics about the broad decline of print media (revenue declines, staffing cuts, the...

Oneworld Airline Alliance Granted Antitrust Immunity By U.S. And E.U.

Posted  07/29/10
More than a decade after British Airlines and American Airlines first sought antitrust immunity for their global alliance, the U.S. Department of Transportation last week granted their request. The immunity allows the members of the so-called Oneworld Alliance – including British Airlines, American Airlines, and Iberia of Spain – to coordinate on prices, capacity, and service.  The U.S. approval follows on the...

Third Circuit Gives Failing Grade To Indirect Purchasers Seeking National Class For State Antitrust Claims

Posted  07/26/10
The U.S. Court of Appeals for the Third Circuit has ruled that state antitrust laws’ treatment of indirect purchaser claims are too disparate to meet the predominance and commonality requirements of Rule 23. In Sullivan v. DB Investments Inc., plaintiffs alleged anticompetitive conduct in the diamond industry by the De Beers group of companies, the South African conglomerate synonymous with diamond production and...

Comcast-NBC Universal Deal Clears European Hurdle

Posted  07/21/10
A proposed joint venture between cable giant Comcast and media titan NBC Universal has cleared a major hurdle as European antitrust regulators have blessed the deal. Because of significant differences between the assets involved in the American and European aspects of the deal, however, it seems likely that U.S. regulators will continue to scrutinize the venture more rigorously. Comcast is America’s largest...

SmithKline Beecham Breathes Easier As Class Is Delayed In Nasal Spray Antitrust Suit

Posted  07/19/10
SmithKline Beecham Corp. may be breathing a little easier for now as a result of a temporary denial of class certification in the antitrust litigation that seeks to hold the pharmaceutical company liable for delaying generic versions of the nasal spray Flonase. Judge Anita B. Brody of the U.S. District Court for the Eastern District of Pennsylvania ordered the plaintiffs to rebrief their motion by September 30 in...

iPhone Antitrust Suit Clears Class Certification Hurdle

Posted  07/14/10
Judge James Ware of the Northern District of California has granted a motion for certification of a class of iPhone consumers in an antitrust suit against Apple and AT&T.  An estimated 15 to 20 million U.S. iPhone purchasers are potential members of the class. Filed in 2007, the suit alleges that Apple and AT&T secretly agreed to restrict iPhone service for five years.  Although plaintiffs purchased a two-year...

EU Court Upholds Fines Against Plasterboard Cartel For Walling Up Competition

Posted  07/9/10
Europe’s highest court, the EU Court of Justice (ECJ), has upheld a fine of 85.8 million euros (approximately $100 million) against the German company Knauf Gips KG for participating in a plasterboard price-fixing cartel. The cartel consisted of Knauf Gips KG, France’s Lafarge SA, Britain’s BPB Plc, and Belgium’s Gyproc Benelux.  The decision upholds part of the European Commission’s November 27, 2002,...

AstraZeneca Finds Little Antitrust Relief From EU In Heartburn Drug Case

Posted  07/7/10
The General Court of the European Union has upheld a 2005 ruling by the European Commission that AstraZeneca engaged in anticompetitive behavior to shield its anti-ulcer and heartburn drug, Losec, from competition by blocking generic copies from entering the market. The Commission fined AstraZeneca 60 million euros ($74 million), which the Court reduced to the still significant amount of 52.5 million euros. The...

Canada Sends In Task Force To Tackle “Bewildering” Payments System

Posted  06/30/10
Canada is attempting to get a handle on the bewildering explosion in new payment technologies with a task force. Canada's Minister of Finance, Jim Flaherty, has announced the launch of a new Task Force for the Payments System Review.  As Flaherty commented, consumers today can make payments in “a bewildering number of ways, even by tapping a cell phone against a scanner.” One of the Task Force’s main...

China Edges Into Antitrust Enforcement With Break Up Of Price-Fixing Cartel

Posted  06/28/10
While no one may be predicting China will be the antitrust powerhouse of the 21st Century, its days as an antitrust neophyte appear to be ending. China’s National Development and Reform Commission (“NDRC”) of China has levied fines and administrative penalties against more than 20 producers of rice noodles.  This enforcement action represents the first application of Article 13 of China’s Anti-Monopoly Law...
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