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Page 145 of 162

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...

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

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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...

Tagged in: Antitrust Enforcement, Antitrust Legislation, Antitrust Policy,

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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...

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

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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...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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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...

Tagged in: Antitrust Litigation, Price Fixing,

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Supreme Court Declines Review Of Strict Price Discrimination Standard

Posted  10/12/10
The U.S. Supreme Court has declined to review Feesers, Inc. v. Michael Foods, Inc., 591 F.3d 191 (3d Cir. 2010), cert. denied, No. 09-1499, a competitor price-discrimination action brought under the Robinson-Patman Act, after the Court of Appeals for the Third Circuit instructed the district court to enter judgment as a matter of law for the defendants. If adopted by other circuits, the legal standard articulated...

Tagged in: Antitrust Litigation,

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Energizer Bunny Navigates Razor’s Edge In Bid For American Safety Razor Company

Posted  10/8/10
Despite looming antitrust hurdles, Energizer Holdings Inc. is one step closer to acquiring a bankrupt shaving products competitor after the U.S. Bankruptcy Court for the District of Delaware granted Energizer permission to bid on American Safety Razor Company. American Safety filed for Chapter 11 bankruptcy protection on July 28, citing increased competition and the loss of customers, namely Wal-Mart Stores Inc.,...

Tagged in: Antitrust Enforcement,

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Court Puts Phone Depositions On Do Not Call List In Marine Hose Antitrust Litigation

Posted  10/6/10
The United States District Court for the Southern District of Florida has denied a motion by class action plaintiffs in the In re Marine Hose Antitrust Litigation case to take “trial depositions” of foreign-based witnesses by telephone, including corporate executives residing in Japan, France, and Italy. The executives are employees of corporations that are in the process of settling the ongoing class action,...

Tagged in: Antitrust Litigation,

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Aussie Mining Giant Clears U.S. Hurdle In Hostile Bid For Canada’s Potash

Posted  10/4/10
Australian mining giant BHP Biliton Ltd. Has won its first regulatory approval – from U.S. antitrust authorities – in its $39 billion dollar hostile bid to take over Canada’s Potash Corp., the world’s largest producer of potash, a key crop nutrient used in fertilizer. BHP has announced that the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice have terminated the HSR...

Tagged in: Antitrust Enforcement, International Competition Issues,

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Recent Developments in UK and EC Merger Control

Posted  10/1/10
speech to the Japanese Fair Trade Commission, Tokyo (October 2010)
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