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UK Leniency Guidelines Eliminate Demands For Waiver Of Attorney-Client Privilege

				
Posted  07/19/13
								

				 
								 				The Office of Fair Trading (“OFT”) in the United Kingdom has released updated guidelines for leniency in cartel cases that will eliminate demands for waivers of the attorney-client privilege as a condition of leniency.

The leniency guidelines will fine-tune the UK’s framework for leniency applications, which the OFT views as essential to the UK’s enforcement efforts against cartels.  Under the leniency...				 
				 					 

						
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													  International Competition Issues, 
												
						

					
	
								
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Antitrust Claims Against Postal Service Returned To Sender By Federal Judge

				
Posted  07/17/13
								

				 
								 				A Colorado federal judge has dismissed class action antitrust claims brought against the United States Postal Service for allegedly forcing post offices to buy mailing labels from a designated vendor.

Judge John L. Kane of the U.S. District Court for the District of Colorado ruled in TOG Inc. et al. v. United States Postal Service et al. that the claims were barred by the federal statutory immunity that permits...				 
				 					 

						
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Federal Court Finds Apple And Publishers Fixed E-Book Prices

				
Posted  07/15/13
								

				 
								 				Judge Denise Cote of the U.S. District Court for the Southern District of New York ruled on Wednesday that Apple Inc. conspired with five of the “Big Six” publishing houses—Hachette Book Group, Inc., HarperCollins Publishers LLC, Holtzbrinck Publishers LLC d/b/a Macmillan, Penguin Group (USA), Inc., and Simon & Schuster, Inc.—to raise the prices of electronic books (“e-books”) in violation of antitrust...				 
				 					 

						
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Europeans Rule Reliance On National Courts And Lawyers Not A Bar To EU Antitrust Liability

				
Posted  07/12/13
								

				 
								 				The European Court of Justice (“ECJ”) has held that neither a decision from a national antitrust court nor reliance on the advice of counsel protected a company from European Union (“EU”) antitrust liability.

The ECJ made its ruling in Bundeswettbewerbsbehörde v. Schenker & Co. and Others, a case dealing with an Austrian freight company that joined 30 other freight companies to form a special interest...				 
				 					 

						
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													  Antitrust Enforcement, 
													  Antitrust Litigation, 
													  International Competition Issues, 
												
						

					
	
								
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Contractor Alleges Graco Constructed Foam Insulation Equipment Monopoly

				
Posted  07/8/13
								

				 
								 				A contractor has filed a class action complaint in the United States District Court for the Middle District of Pennsylvania alleging that Graco Inc. and its distributors harmed a class of contractors through anticompetitive conduct in the market for fast-set spray foam equipment, which is used by contractors for the installation of foam insulation in residential and commercial buildings.

Insulate SB, Inc., a...				 
				 					 

						
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													  Antitrust Litigation, 
													  Monopolization, 
												
						

					
	
								
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Federal Judge Brings Sky Angel’s Antitrust Claims Against C-SPAN Down To Earth

				
Posted  06/26/13
								

				 
								 				A federal judge has dismissed claims by Sky Angel U.S. LLC, an internet-based television service, that C-SPAN violated the antitrust laws by favoring traditional cable providers.

Although Judge Rudolph Contreras of the U.S. District Court for the District of Columbia dismissed Sky Angel’s antitrust claims, he also granted the internet television service leave to replead in Sky Angel U.S. LLC v. National Cable...				 
				 					 

						
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													  Antitrust Litigation, 
												
						

					
	
								
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Federal Court Refuses To Slam On The Brakes In Auto Parts Antitrust Class Action

				
Posted  06/24/13
								

				 
								 				A group of auto parts manufacturers continues to face claims of bid rigging and price fixing in a multidistrict litigation (“MDL”) following a Michigan federal judge’s refusal to dismiss federal antitrust claims.

Direct and indirect purchasers in the putative class action of In re Automotive Parts Antitrust Litigation accuse the manufacturers of conspiring to fix the prices of wire harness systems in...				 
				 					 

						
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Pool Owners’ State Antitrust Claims Remain Afloat

				
Posted  06/18/13
								

				 
								 				A Louisiana federal judge has denied motions to dismiss pool owners’ indirect purchaser claims brought under state antitrust laws against Pool Corporation, the nation’s largest distributor of pool products, and pool manufacturers.

Judge Sarah Vance of the U.S. District Court for the Eastern District of Louisiana limited indirect purchasers’ state antitrust claims in In re Pool Products Distribution Market...				 
				 					 

						
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													  Antitrust Litigation, 
													  Monopolization, 
												
						

					
	
								
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Federal Judge Green Lights Antitrust Attack Of The Cloned Horses

				
Posted  06/11/13
								

				 
								 				Breeders of cloned horses will get to advance their antitrust attack on a dominant horse breed registry that excludes cloned horses, following a ruling by a federal judge in Texas who denied American Quarter Horse Association’s motion for summary judgment.

District Court Judge Mary Lou Robinson of the U.S. District Court for the Northern District of Texas ruled in Abraham & Veneklasen Joint Venture et al. v....				 
				 					 

						
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													  Antitrust Litigation, 
													  Monopolization, 
												
						

					
	
								
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Credit Default Swap Purchasers Accuse Bankers Of Blocking Competition

				
Posted  06/4/13
								

				 
								 				A new class action alleges that international megabanks used their monopoly power to manipulate the credit default swaps market.

Sheet Metal Workers Local No. 33 Cleveland District Pension Plan has filed a class action in Illinois federal court against 15 defendants, including Bank of America, Citibank, and JPMorgan Chase & Co.  According to the complaint, the defendants used companies they controlled, including...				 
				 					 

						
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