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The Antitrust Week In Review

Posted  07/6/15
Here are some of the developments in antitrust news this past week that we found interesting and are following. Airlines Under Justice Dept. Investigation Over Possible Collusion.  Federal prosecutors are investigating possible collusion among airlines to limit seating, two years after the U.S. Department of Justice approved the latest in a wave of airline mergers, saying the combination would benefit consumers. ...

European Commission Announces Agreement To Cap Interchange Fees For Card-Based Payments

Posted  01/7/15
A View from Constantine Cannon’s London Office By Yulia Tosheva and James Ashe-Taylor The European Commission has announced that the European Parliament and the European Council have reached a long-awaited political agreement on the Commission’s proposal for a Regulation on Interchange Fees for Card-based Payment Transactions. The Regulation will introduce maximum fees for four-party card schemes’...

NLRB’s “Student-Athletes” Ruling Is Seen As Exposing School For Hypocrisy

Posted  04/1/14
Last week’s decision by the National Labor Relations Board granting Northwestern University scholarship football players the right to unionize is sparking a debate over the hypocrisy of college sports. Constantine Cannon lawyers Gordon Schnell and David Scupp, who examined the NLRB decision in a post on this blog, express their views on the decision – and what it reveals about the big business of college sports...

Court Closes The Book On Bookhouse Antitrust Claims Against Amazon And Publishers

Posted  12/17/13
By Allison F. Sheedy The U.S. District Court for the Southern District of New York has dismissed antitrust claims against Amazon and the six largest book publishers related to the publishers’ contracts with Amazon for the distribution of e-books requiring the use of digital rights management software (“DRM”) in The Bookhouse of Stuyvesant Plaza, Inc. et al. v., Inc. et al. The Bookhouse...

Rough Regulatory Waters May Rock Massive Shipping Alliance

Posted  12/11/13
By Jeffrey I. Shinder The proposed P3 shipping alliance among the world’s three biggest container shipping companies encountered more rough seas this past week. The U.S. Federal Maritime Commission (“FMC”) has requested additional information from the parties.  This request will delay the implementation of the proposed alliance because, after the parties comply with the request, a new 45-day regulatory...

Cargo Shipping Companies’ Price Signaling Could Run Aground In EU Probe

Posted  11/27/13
By Jeffrey I. Shinder The steady stream of cartel investigations and lawsuits on both sides of the Atlantic in recent months highlights the need for vigilant antitrust enforcement to protect consumer welfare, despite the views of those, like the Wall Street Journal editorial page, who question the wisdom of antitrust law. These alleged cartels range from the apparently venal manipulations of the financial...

Vitamin C Makers Seek Boost From Former Chinese Official In Price-Fixing Trial

Posted  03/13/13
Vitamin C manufacturers currently on trial in federal court in Brooklyn are hoping their defense to price-fixing claims will get a boost from last week’s testimony by a former Chinese government official that China compelled them to engage in allegedly anticompetitive behavior. Plaintiffs in the class action In re Vitamin C Antitrust Litigation are seeking to convince a jury in the U.S. District Court for the...

Drywall Manufacturers Accused Of Constructing Price-Fixing Facade

Posted  02/19/13
Eight of the largest drywall manufacturers in the United States are facing three antitrust complaints that allege price fixing and other anticompetitive coordination have harmed homebuilders and other direct purchasers of drywall. Defendants include CertainTeed Corp., Georgia-Pacific LLC, USG Corp., United States Gypsum Co., New NGC, Inc., LaFarge North America Inc., American Gypsum Co. LLC, TIN Inc. and PABCO...

Court Certifies Chocolate Antitrust Class Action

Posted  01/24/13
A federal judge has certified a class action alleging that The Hershey Company, Mars Inc., and Nestlé U.S. A., Inc. fixed chocolate prices and inflated the prices of chocolate candy starting in 2002. The class action is being brought on behalf of 2,900 wholesalers, grocery stores, and other businesses that directly purchase chocolate from the three companies.  The alleged price-fixing conspiracy has resulted in...

Court Finds Musical Instrument Antitrust Claims Out Of Tune Under Twombly

Posted  09/18/12
Judge Larry Burns of the U.S. District Court for the Southern District of California has granted the defendants’ motion to dismiss plaintiffs’ antitrust claim under Section One of the Sherman Act in In re: National Association of Music Merchants, Musical Instruments and Equipment Antitrust Litigation. The plaintiffs alleged that defendants conspired to fix the prices of acoustic, electric and bass guitars, and...
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