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Antitrust Today

Blowing The Whistle On Cartels

Posted  02/21/12
The question of whether U.S. antitrust enforcement should emulate foreign whistleblower rewards programs as part of a crackdown on cartels is analyzed in a recent article by a Constantine Cannon attorney: Making it Easier to Whistle While You Work. Cartel detection and prosecution are top priorities for the Antitrust Division of the U.S. Department of Justice (“Antitrust Division”) – regardless of which...

Vitamin C Plaintiffs Ward Off Challenges To Class Rep Status

Posted  02/17/12
Class representatives and their counsel in the Vitamin C Antitrust Litigation have won another initial round in their suit alleging that Chinese vitamin C manufacturers conspired to fix prices and to limit the output of vitamin C exported to the United States. Federal Judge Brian Cogan of the Eastern District of New York has rejected all but one of defendants’ arguments seeking disqualification of class...

Nation’s Largest Seafood Company On The Hook In Fisherman Antitrust Litigation

Posted  02/10/12
A federal judge in Oregon has certified a class of fishermen in an antitrust lawsuit against Pacific Seafood Group, the nation’s largest seafood company. The plaintiffs in Whaley et al. v. Pacific Seafood Group, et al. claim that defendants, Pacific Seafood and Ocean Gold Seafoods, Inc., used market shares of 50 to 70 percent to monopolize the Dungeness crab, Oregon coldwater shrimp, groundfish, and whiting...

European Commission Seeks Comments On A United Payments Of Europe

Posted  02/6/12
The European Commission, the executive branch of the European Union, is asking for comments about how to overcome obstacles to a modern, integrated card payments system across Europe. The European Commission is requesting these comments on its “green paper” assessing the current payment landscape in Europe.  This initiative covers all payments – including e-commerce and mobile payments – made with a credit...

South Korean Antitrust Enforcers Sets Sights On Intellectual Property

Posted  02/3/12
While many international businesses are used to navigating through the tricky shoals of United States antitrust enforcement and intellectual property (“IP”) law, they are now finding they need to navigate through South Korean regulation as well. As South Korean firms have become increasingly prominent players in the global technology marketplace, the Korean government has become an increasingly prominent player...

Brits Investigating Whether Concrete Markets Are Crushing Competition

Posted  02/1/12
The United Kingdom’s Office of Fair Trading (OFT) is calling in reinforcements to expand Great Britain’s investigation into whether competition is being blocked in the markets for concrete and its main ingredients, aggregate and cement. The OFT has referred Great Britain’s aggregates, cement, and ready-mix concrete markets to the U.K.’s Competition Commission, an independent body that conducts in-depth...

FTC Approves Final Order Resolving PoolCorp Antitrust Claims

Posted  01/24/12
The FTC has approved the final order resolving claims that Pool Corporation, Inc. (“PoolCorp”) acted anticompetitively in violation of Section 5 of the Federal Trade Commission Act. PoolCorp is a major distributor of commercial and residential swimming pool supplies, products, and equipment.  According to the FTC complaint in In the Matter of Pool Corporation, PoolCorp is the “largest nationwide buyer of...

FTC Revamps Investigation and Attorney Misconduct Rules

Posted  01/20/12
The U.S. Federal Trade Commission (the “FTC”) has issued proposed changes to streamline its rules relating to investigatory procedures and alleged misconduct of attorneys. The proposed changes deal with Parts 2 and 4 of the FTC’s Rules of Practice and are designed to improve investigations and to keep up with changes in electronic discovery. The agency noted that the Part 2 rules were in need of reform...

FTC Charges Pipe Fitting Price Fixing

Posted  01/18/12
The Federal Trade Commission (“FTC”) has filed a complaint alleging price fixing against the three largest U.S. suppliers of ductile iron pipe fittings – Star Pipe Products, Ltd., McWane, Inc., and Sigma Corp. The FTC alleges that these three competitors violated Section 5 of the Federal Trade Commission Act ("FTCA") by conspiring to fix prices for ductile iron pipe fittings, which are used in municipal water...

King Pharmaceuticals Hit With Antitrust Headaches Over Its Muscle Relaxant, Skelaxin

Posted  01/13/12
King Pharmaceuticals Inc. begins the new year with another antitrust headache caused by a class action complaint brought in federal court in the Eastern District of Tennessee by two pharmacies alleging that it has unlawfully conspired to suppress competition to its muscle relaxant, Skelaxin. According to the complaint in Johnson's Village Pharmacy, Inc. et al. v. King Pharmaceuticals, Inc., King Pharmaceuticals...
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