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French Competition Regulators Bring Pet Food Manufacturers To Heel

				
Posted  04/9/12
								

				 
								 				The Autorite de la Concurrence, the French competition authority, has slapped fines on three leading French pet food manufacturers that restricted competition in premium dry dog and cat food sold in specialty outlets such as pet shops and veterinary offices.

The manufacturers are Nestle Purina Petcare France SAS, Royal Canin SAS (owned by Mars, Inc.), and Hill's Pet Nutrition (owned by Colgate Palmolive Co.). ...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  International Competition Issues, 
												
						

					
	
								
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Prognosis Negative For Congressional Repeal Of Antitrust Exemption For Health Insurers

				
Posted  04/5/12
								

				 
								 				Although the fate of Obamacare in the Supreme Court is still an open question, the prognosis is decidedly negative for the congressional effort to repeal the McCarran-Ferguson antitrust exemption for health insurers.

Although the Republican-controlled U.S. House of Representatives has passed a bill that would repeal the antitrust exemption for health insurers, the bill is not likely to pass the...				 
				 					 

						
Tagged in:
													  Antitrust Legislation, 
												
						

					
	
								
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High Cost Of Antitrust Experts Saves Amex Plaintiffs And Leads To Calls For Potential Reform

				
Posted  04/3/12
								

				 
								 				The enormous costs of expert fees in antitrust cases is proving to be both a silver lining for plaintiffs bound by class action waivers and a focal point for calls to reform the fee shifting provisions of U.S. antitrust law.

As discussed in a recent article by Constantine Cannon attorneys, the high cost of antitrust experts has led the United Sates Court of Appeals for the Second Circuit to hold a class action...				 
				 					 

						
Tagged in:
													  Antitrust Litigation, 
													  Antitrust Policy, 
												
						

					
	
								
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Sixth Circuit Saves Air Conditioner Manufacturer’s Claims From The Deep Freeze

				
Posted  03/30/12
								

				 
								 				The United States Court of Appeals for the Sixth Circuit has revived the antitrust claims of Carrier Corporation, the world’s largest manufacturer of air conditioners, which is suing producers of copper tubing for allegedly participating in an international customer and market allocation scheme.

The Sixth Circuit reversed the U.S. District Court for the Western District of Tennessee, which had dismissed the...				 
				 					 

						
Tagged in:
													  Antitrust Litigation, 
													  Price Fixing, 
												
						

					
	
								
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British Propose Lowering Bar For Prison In Cartel Cases

				
Posted  03/28/12
								

				 
								 				The United Kingdom’s Department for Business, Innovation and Skills (BIS), has announced that the Government plans to introduce legislation that would lower the threshold for criminal prosecution in cartel cases.

Under the proposed law, the prosecution would no longer have to prove an individual’s dishonesty in entering into a cartel agreement.

The cartel offense was introduced by the Enterprise Act of 2002....				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  International Competition Issues, 
													  Price Fixing, 
												
						

					
	
								
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Sour Decision For Plaintiffs In Extra-Sweet Pineapple Litigation

				
Posted  03/16/12
								

				 
								 				A California state appellate court has upheld the denial of class certification in a case brought by consumers alleging that Fresh Del Monte Produce Inc. monopolized the extra-sweet pineapple market in violation of California Unfair Competition Law.

Del Monte was accused in Conroy v. Fresh Del Monte Produce Inc. of attempting to obtain a patent for extra-sweet pineapple – despite knowing that pineapple variety...				 
				 					 

						
Tagged in:
													  Antitrust Litigation, 
													  Intellectual Property Law and Antitrust, 
													  Monopolization, 
												
						

					
	
								
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European Songwriters Sing Out Against Producers’ Alleged Blacklisting

				
Posted  03/14/12
								

				 
								 				An alliance of European composers and songwriters is alleging that major broadcasters and production companies are threatening them with blacklisting if the artists don’t give up all the rights to their work in exchange for commissions.

Taking aim at the practice known as “coercive commissioning,” the European Composer and Songwriter Alliance (ECSA) has filed a complaint asking the European Union’s...				 
				 					 

						
Tagged in:
													  International Competition Issues, 
												
						

					
	
								
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Europeans Checking MathWorks’ Competition Calculations In Software Market

				
Posted  03/7/12
								

				 
								 				The European Commission (the “EC”) has announced an investigation into whether The MathWorks, a U.S. software company, abused its dominant position by preventing competitor interoperability with its products.

The EC is investigating whether MathWorks – a leading developer of mathematical computing software for engineers and scientists – violated Article 102 of the Treaty on the Functioning of the European...				 
				 					 

						
Tagged in:
													  International Competition Issues, 
												
						

					
	
								
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Security Tag Plaintiffs Knock Down Specificity Challenge To Complaint

				
Posted  03/1/12
								

				 
								 				A federal judge in Ohio has ruled that the heightened pleading standard set by the U.S. Supreme Court in Bell Atlantic Corp. v. Twombly does not require plaintiffs to specify lost profits or to name the market participants injured by allegedly anticompetitive distribution agreements for the electronic security tags that merchants use to protect their merchandise.

Judge John Adams rejected Checkpoint Systems...				 
				 					 

						
Tagged in:
													  Antitrust Litigation, 
												
						

					
	
								
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Court Rejects Organ Transplant Drug Maker’s Challenge To Monopolization Claims

				
Posted  02/24/12
								

				 
								 				Judge Ryan Zobel of the U.S. District Court for the District of Massachusetts has denied the motion to dismiss filed in the consolidated class action of In re Prograf Antitrust Litigation by the defendant, organ transplant drug manufacturer Astellas Pharma US, Inc.

Plaintiffs are direct purchasers of Prograf – a brand-name immunosuppressant drug that fights organ rejection following heart, kidney and liver...				 
				 					 

						
Tagged in:
													  Antitrust Litigation, 
													  Monopolization, 
												
						

					
	
								
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