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Antitrust Today

European Commission Gets Split Decision In Beer And Acrylic Glass Antitrust Appeals

Posted  09/28/11
The European Commission has received a split decision in two appeals of multi-million euro fines it imposed for anticompetitive conduct in beer and acrylic glass markets. The European General Court has annulled the European Commission’s 31.66 million euro antitrust fine assessed against beer brewer Koninklijke Grolsch NV.  In case T-234/07, Koninklijke Grolsch v. Commission, the European General Court focused on...

Circuit Court Affirms Dismissal Of Challenge To Nestle Ice Cream Merger

Posted  09/19/11
The U.S. Court of Appeals for the First Circuit has affirmed the dismissal of a claim that the 2003 merger between Nestlé S.A.’s subsidiary, Nestlé Puerto Rico (Nestlé PR), and ice cream distributer, Payco Foods Corp., violated the Sherman and Clayton Antitrust Acts. The plaintiff in Sterling Merch., Inc. v. Nestlé S.A. et al. is a distributer of ice cream in Puerto Rico.  Nestlé S.A. manufactures ice cream...

Federal Judge Dismisses eBay Derivative Litigation

Posted  09/14/11
Judge Leonard P. Stark of the U.S. District Court for Delaware has dismissed a derivative action against eBay Inc. The plaintiff in In re eBay, Inc., the Robert F. Booth Trust, alleged that eBay’s board of directors violated the Clayton Act when they circulated a proxy statement recommending shareholders elect Dawn G. Lepore, a 10-year veteran of the board, to another term.  Section 8 of the Clayton Act...

IBM Not Out Of The Regulatory Woods Despite Withdrawal Of Emulator Complaints

Posted  08/24/11
Although three rivals of IBM have dropped their complaints that IBM illegally tied its mainframe hardware to its operating system, the computer giant is not out of regulatory woods yet. Both the U.S. Department of Justice (DOJ) and the European Commission maintain ongoing antitrust investigations – sparked by the complaints – into a possible monopoly IBM holds in the mainframe computer market. In a filing...

Pharmaceutical Benefits Managers’ Merger Could Result In Prescription For Heavy Antitrust Scrutiny

Posted  07/29/11
A proposed merger of Express Scripts and Medco, two of the largest pharmaceutical benefits managers (“PBMs”) in the United States, is likely to draw a prescription for significant antitrust scrutiny from federal regulators. PBMs contract with health insurers and employers to manage health insurance plan pharmaceutical benefits, among other ways by negotiating with pharmaceutical manufacturers and pharmacies to...

Yanks And Europeans Open Antitrust Probes Of TRW And Autoliv

Posted  07/21/11
Two major players in the automotive manufacturing industry, Sweden’s Autoliv and Michigan’s TRW, are under investigation by the antitrust divisions of both the U.S. Department of Justice (“DOJ”) and the European Commission ("EU"). Both companies are multi-billion dollar corporations that supply safety systems, such as seatbelts, airbags and steering wheels, to automakers.  Autoliv and TRW each operate on a...

FTC and DOJ Set to Ink Landmark Agreement with Chinese Counterparts

Posted  07/8/11
The U.S. Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) plan to sign a memorandum of understanding with China’s three antitrust enforcement agencies, signaling the first formal pact of cooperation between U.S. and Chinese regulators. This deal comes on the heels of China’s sweeping antitrust reform, a policy it developed with advice from foreign agencies like the FTC.  The growing...

U.S. v. Microsoft Was A Decade-Long Education On Antitrust In The New Economy

Posted  06/29/11
The end of the decade-long federal court supervision of Microsoft’s licensing practices last month provides an opportunity to reflect on the impact that case has had.  A lasting legacy of the U.S. v. Microsoft case is that monopolists in dynamic and rapidly changing high-tech industries do not receive special treatment under the Sherman Act.  There is no presumption that high market shares will be counteracted by...

Feds Seek To Revive Competition Among Point-Of-Sale Terminal Manufacturers

Posted  05/31/11
The United States Department of Justice (“DOJ”) is seeking to revive competition in the market for point-of-sale terminals by blocking VeriFone Systems Inc.’s proposed $485 million acquisition of Hypercom Corp. Both companies operate in the electronic payments industry, and the DOJ claims that the deal would harm competition in the market for point-of-sale terminals in the United States. The DOJ has

Feds Prescribe Antitrust Enforcement For Health Care Organizations

Posted  04/11/11
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...
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