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Tape Recordings Won’t Remain On Ice In Packaged Ice Case

Posted  05/20/11
Plaintiffs in the case of In re Packaged Ice Antitrust Litigation have convinced the court that tape recordings of conversations from a criminal investigation into alleged price fixing of packaged ice sold in retail stores and gas stations should not remain on ice. Judge Paul Borman of the U.S. District Court for the Eastern District of Michigan has ordered the Department of Justice (“DOJ”) to produce tape...

Tagged in: Antitrust Litigation, Price Fixing,

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Europeans Engage In A Little Spring Cleaning As They Open The Window On Fines

Posted  04/29/11
The European Commission is engaging in a little spring cleaning as it opens the window on how the European Union calculates fines, and cleans up a price-fixing cartel of laundry detergent producers. The EU’s drive for greater transparency in how it sets fines was announced by Competition Commissioner Joaquin Almunia, who revealed that the Commission will be adding a section on fines in its Statement of...

Tagged in: International Competition Issues, Price Fixing,

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French Banks Offer To Cut Payment Card Fees to Resolve Price-Fixing Allegations

Posted  04/22/11
A consortium of 130 financial institutions operating the leading interbank network in France is offering to lower most interbank fees for card transactions in order to resolve a price-fixing investigation by the French Competition Authority. Groupement des Cartes Bancaires (“CB Group”), whose network accounts for more than two thirds of all card transactions in France, are offering to lower the fees to settle...

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

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Third Circuit Keeps Former Morgan Crucible CEO In Prison For Obstructing Antitrust Probe

Posted  03/28/11
The United States Court of Appeals for the Third Circuit has upheld an 18-month prison sentence in U.S. v. Norris for former Morgan Crucible Co. PLC CEO Ian Norris, who was found guilty last December of conspiring to obstruct justice in a price-fixing investigation of the carbon products industry. Norris was sentenced to 18 months in prison, three years of probation, and a $25,000 fine after a federal jury in...

Tagged in: Antitrust Litigation, Price Fixing,

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Supremes To Resale Price Maintenance: Your Name Is Leegin

Posted  03/10/11
The U.S. Supreme Court has told manufacturers engaged in resale price maintenance that they can continue to rely on its controversial 2007 opinion in PSKS Inc. v. Leegin Creative Leather Products, which struck down the Court’s long-standing precedent that such vertical price restraints are per se illegal. After nearly four years of additional proceedings, the Supreme Court’s original Leegin decision has now...

Tagged in: Antitrust Litigation, Price Fixing,

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First Circuit Finds Claims Of Gasoline Price-Fixing On Martha’s Vineyard Running On Empty

Posted  03/3/11
Rejecting claims of a horizontal price-fixing conspiracy, the U.S. Court of Appeals for the First Circuit has affirmed summary judgment against a class of Martha’s Vineyard residents suing gas station owners on the picturesque, emphatically low-key island that is best known as a summer colony. The appeals court held that the plaintiffs in White v. R.M. Packer Co., Inc., failed to raise any fact question as to...

Tagged in: Antitrust Litigation, Price Fixing,

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Music Labels Can’t Convince Supremes To Sing Stop In The Name Of Twombly

Posted  02/1/11
The four major U.S. music labels have lost their bid to convince the Supreme Court to pull the plug on an antitrust class action under the high court’s Twombly standard for pleading. The Supreme Court has declined to hear an appeal in Sony Music Entertainment v. Kevin Starr, a price-fixing class action against Warner Music Group, Universal Music Group, Sony, and EMI.  The denial of certiorari leaves standing the...

Tagged in: Antitrust Litigation, Price Fixing,

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Circumstantial Evidence Batting .500 In Seventh Circuit This Month With Omnicare Defeat

Posted  01/13/11
Proponents of proving antitrust conspiracies with circumstantial evidence are one for two in Seventh Circuit decisions decided in the last two weeks with the plaintiff’s summary judgment loss in Omnicare Inc. v. UnitedHealth Group, Inc. The decision by the U.S. Court of Appeals for the Seventh Circuit affirming Judge Rebecca Pallmeyer’s grant of summary judgment to the defendants in Omnicare is that court’s...

Tagged in: Antitrust Litigation, Price Fixing,

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Judge Posner Texts Twombly No Bar To Texters’ Circumstantial Class Action

Posted  01/10/11
In an opinion written by antitrust expert Judge Richard Posner, the U.S. Court of Appeals for the Seventh Circuit has rejected a bid by defendant cell phone companies to throw out a class action alleging that the companies conspired to fix text message prices. The Seventh Circuit held that the plaintiffs’ second amended complaint in In re: Text Messaging Antitrust Litigation contained enough circumstantial...

Tagged in: Antitrust Litigation, Price Fixing,

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Priceline Loses Bid To Participate In Payment Card Settlement

Posted  01/5/11
The U.S. Court of Appeals for the Second Circuit has affirmed a lower court’s ruling that Priceline.com, Inc. did not fit the definition of a class member described in a $336 million antitrust class action settlement agreement that resolves claims of price fixing in the consumer payment card industry. The plaintiffs in the In re Currency Conversion Fee Antitrust Litigation alleged a price-fixing conspiracy among...

Tagged in: Antitrust Litigation, Price Fixing,

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