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Penguin’s Motion To Compel Arbitration Doesn’t Fly In eBooks Case

Posted  07/11/12
A federal judge in the Southern District of New York has shot down a motion to compel arbitration filed by Penguin Group (USA), Inc. in the widely-followed case of In re: Electronic Books Antitrust Litigation. Plaintiffs allege that Penguin and other book publishers violated the antitrust laws by conspiring to fix and raise prices for eBooks.  Penguin moved the court to stay the proceedings and compel arbitration...

Kansas Supreme Court Beefs Up Antitrust Scrutiny Of Resale Price Maintenance

Posted  05/17/12
Resale price maintenance policies that pass muster under federal antitrust law may not survive state antitrust scrutiny in Kansas, according to that state’s highest court. The Kansas Supreme Court has overturned a lower court's decision granting defendant handbag and accessory maker Leegin Creative Leather Products, Inc. summary judgment in a state antitrust suit brought by a class of consumers challenging...

Pacific Seafood Off The Hook In Fishermen Antitrust Litigation

Posted  04/19/12
Commercial fishing vessel owners and fishermen have settled a $520 million claim for damages against Pacific Seafood Group just two months after Judge Owen M. Panner of the U.S. District Court for the District of Oregon granted class certification in Whaley et al. v. Pacific Seafood Group et al. Plaintiffs alleged that the defendants, Pacific Seafood Group and Ocean Gold Seafoods, Inc., fixed prices in buying fish,...

Indirect Purchasers’ Claims Undermined In Mineral Price-Fixing Litigation

Posted  04/17/12
Judge Dickinson R. Debevoise of the U.S. District Court for the District of New Jersey has dismissed class action claims of price fixing brought by indirect purchasers against several magnesium oxide companies in the case of In re Magnesium Oxide Antitrust Litigation. The court also ruled, however, that the price fixing claims brought by the direct purchaser plaintiffs, Orangeburg Milling Company, Inc., Bar Ale,...

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...

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....

French Toss Salad Price-Fixing Conspirators With Fines

Posted  03/20/12
Autorite de la Concurrence, the French competition authority, has fined French endive growers and trade organizations nearly 4 million euro ($5.2 million) for engaging in a 14-year price-fixing conspiracy that began in 1998. Endive (which is also known as chicory) is a bitter leaf vegetable that can be cooked or eaten raw.  While endive is not very common in the United States, it is the fourth most consumed...

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...

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...
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