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Apple May Become Punchline Of DOJ Investigation

Posted  06/1/10
Maybe comedian Jon Stewart had a point about Apple.  Last month, he chastised the chic technology company, saying: “You guys were the rebels, man, the underdogs – people believed in you!  But now, are you becoming … The Man?” It seems that the U.S. Department of Justice might agree.  According to the New York Times, the DOJ is investigating Apple for using its successful iTunes online music store to...

Tagged in: Antitrust Enforcement, Price Fixing,

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Merchants On Verge Of Big Win In Debit And Credit Card Fee War

Posted  05/25/10
Merchants in the United States are on the verge of a significant victory in their long struggle to limit credit and debit card fees. The Senate has approved an amendment to its financial reform bill that curtails the power of the card issuers in significant ways, including requiring that the “interchange fees” charged by banks on fees on debit card transactions be “reasonable and proportional to the actual”...

Tagged in: Antitrust Legislation, Price Fixing,

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NCAA’s One-Year Scholarship Rule Faces Antitrust Exam

Posted  05/20/10
The Antitrust Division of the U.S. Department of Justice is asking the National Collegiate Athletic Association to explain its scholarship policy in an exam that could lead to a failing grade for the NCAA’s ban on multi-year athletic scholarships. The NCAA’s rule requires schools to review students’ eligibility for athletic scholarships every year, up to a maximum of five years of eligibility – automatic...

Tagged in: Antitrust Enforcement, Price Fixing,

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Supremes Pull The Plug On Class Action Arbitrations

Posted  05/12/10
Class action arbitrations are not likely to survive the U.S. Supreme Court’s 5-3 decision, in a closely watched antitrust case, that imposing class arbitration on parties that haven't agreed to it conflicts with the Federal Arbitration Act. The decision in Stolt-Nielsen S.A. et al. v. Animalfeeds Int’l Corp., No. 08-1198 (April 27, 2010), delivered by Justice Alito, reversed a panel decision by the U.S. Court...

Tagged in: Antitrust Enforcement, Price Fixing,

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Feds Flex Their Flexibility In Revised Merger Guidelines

Posted  04/29/10
The U.S. Department of Justice and the Federal Trade Commission have released for public comment proposed revisions to the Horizontal Merger Guidelines that would reflect antitrust enforcers’ ever decreasing reliance on the bright-line tests that once dominated merger analysis. The proposed revisions would continue the long term trend of antitrust authorities exercising more flexibility and discretion in...

Tagged in: Antitrust Enforcement, Price Fixing,

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European Commission Enacts New Online Sales Rules

Posted  04/26/10
The European Commission has enacted highly anticipated antitrust rules regulating online sales. The rules clamp down on what the EC considers to be permissive distribution agreements that have arisen on occasion between goods manufacturers and resellers, and update regulations adopted prior to the massive growth in the last 10 years in commerce over the Internet. The new rules are primarily aimed at facilitating...

Tagged in: Antitrust Enforcement, Price Fixing,

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Will Travel Agents’ Complaint Fly With Supreme Court?

Posted  04/7/10
Travel agents whose antitrust case against major airlines was grounded by a Court of Appeals’ application of the Supreme Court’s Twombly decision are hoping the Supreme Court will clear their complaint for takeoff. On March 22, 2010, 49 travel agencies accusing several major airlines of conspiring to fix base commission rates petitioned the United States Supreme Court to reverse the Sixth Circuit’s decision...

Tagged in: Price Fixing,

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Second Circuit Revives Internet Music Price-Fixing Case That Record Giants Thought Had Been Killed By The Twombly Silver Bullet

Posted  01/14/10
Antitrust defendants got a reminder yesterday that while the United States Supreme Court may have stiffened pleading requirements in recent years, its Twombly decision is not always a silver bullet. Applying Twombly (which often means the dismissal of an antitrust case), the Court of Appeals for the Second Circuit yesterday restored a complaint alleging price fixing of internet music by major record labels –...

Tagged in: Price Fixing,

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The Antitrust Class Action Comes To Italy

Posted  01/13/10
Italian consumer rights group Codacons has filed class action lawsuits against Italy’s two largest banks – Intesa Sanpaolo SpA (ISP.MI) and UniCredit SpA (UCG.MI) – for banking fees paid by more than 25 million customers. The cases are the first to be brought under a new law permitting class action suits in Italian courts, and could force the two banks to pay up to 6.25 billion Euros (approximately nine...

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

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Antitrust Issues Keeping Coffee Executives Awake

Posted  12/28/09
If coffee executives can’t sleep at night, it isn’t the coffee, it’s the antitrust issues. Coffee companies around the world are working through the holiday season, contending with merger issues in the U.S. and price fixing in Europe. In the U.S., Green Mountain Coffee Roasters Inc. has voluntarily withdrawn its filing with the FTC regarding its purchase of Diedrich Coffee Inc. after consultation with the...

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

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