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Dutch Tell Banks To Go Dutch Instead Of Going Steady With MasterCard

Posted  05/27/11
MasterCard is discovering that Dutch competition authorities may be serious in their goal to increase competition in the payments market by encouraging banks not to go “steady” with MasterCard. MasterCard is reporting in its 10-Q report that the Netherlands Competition Authority is challenging its co-branding and co-residency rules, which restrain banks from expanding their relationships with other payment...

Tagged in: Antitrust Enforcement, International Competition Issues,

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“Big Four” May Face Big Trouble In Britain

Posted  05/16/11
Britain's Office of Fair Trading (“OFT”) will announce this month whether it is investigating market dominance of the “Big Four” accounting firms – Deloitte LLP, Ernst & Young LLP, PricewaterhouseCoopers LLP and KPMG LLP. The investigation would follow a House of Lords Economic Affairs Committee report entitled “Auditors: Market concentration and their role,” released in late March criticizing the big...

Tagged in: Antitrust Enforcement, International Competition Issues,

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Novell’s Antitrust Claim Against Microsoft Is Reborn Just As Feds’ Oversight Expires

Posted  05/11/11
Although Microsoft’s epic antitrust battle with the U.S. Department of Justice officially comes to an end tomorrow, with the expiration of the government’s decade-long oversight of the software giant, Microsoft has learned that another antitrust challenge has just received a new lease on life. The United States Court of Appeals for the Fourth Circuit has revived the antitrust action Novell filed against...

Tagged in: Antitrust Enforcement, Antitrust Litigation, Monopolization,

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Curtain Falling On Feds’ Long-Playing Epic Antitrust Battle Against Microsoft

Posted  05/5/11
The sun will soon set on the epic antitrust battle between the U.S. Department of Justice (“DOJ”) and Microsoft. The DOJ’s mammoth case against the software giant began 13 years ago, when the agency filed an antitrust complaint accusing Microsoft of using its market power to mercilessly pound its rivals.  The case was actively litigated until 2001, when the parties reached a settlement that provided for...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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College Bowl Games May Face Playoffs With Antitrust Enforcers

Posted  05/3/11
The antitrust controversy surrounding college football’s Bowl Championship Series (BCS) is heating up. In the just the past two weeks, a group of law and economics professors asked the U.S. Department of Justice to commence an antitrust investigation of the BCS, and Utah’s attorney general vowed to bring an antitrust lawsuit. The BCS has, in recent years, drawn antitrust scrutiny from colleges, attorneys,...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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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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Feds Prescribe Antitrust Enforcement For Health Care Organizations

Posted  04/11/11
The U.S. Department of Justice and the FTC have issued a Proposed Statement of Antitrust Enforcement Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program. The Proposed Statement was made on the same day that the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, filed its proposed rule regarding Medicare Shared Savings Program...

Tagged in: Antitrust Enforcement,

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Court Pulls Plug On Complaint Challenging Power Company’s Overcharges

Posted  04/5/11
Federal Judge Shira Scheindlin of the Southern District of New York has dismissed a class action alleging that regional power generator KeySpan Corp. overcharged millions of electricity customers. The complaint in Simon v. Keyspan Corp., 10 CIV. 5437 SAS (S.D.N.Y. 2011), challenged a derivative transaction – the “KeySpan Swap,” arranged by financial advisor Morgan Stanley – relating to New York City’s...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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Feds Once Again Looking For Anticompetitive Worm In Apple

Posted  03/7/11
Apple has piqued the interest of antitrust enforcers – again. The U.S. Department of Justice and Federal Trade Commission are both interested in exploring whether Apple is now running afoul of antitrust laws by funneling media companies' customers into the payment system for its iTunes store. In the past year, the cutting edge computer maker has triggered government scrutiny for how it hires employees,...

Tagged in: Antitrust Enforcement,

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Accountable Care Organizations, Unaccountable To Antitrust Law?

Posted  02/23/11
The Affordable Care Act provides for the creation of Accountable Care Organizations (“ACOs”), organizations of healthcare providers that agree to be held accountable for the cost and quality of care provided to Medicare beneficiaries.  Beginning in January 2012, Medicare will reward ACOs for meeting certain benchmarks set by the Secretary of Health and Human Services.  As a result, many healthcare providers that...

Tagged in: Antitrust Enforcement, Antitrust Policy,

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