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SmithKline Beecham Breathes Easier As Class Is Delayed In Nasal Spray Antitrust Suit

Posted  07/19/10
SmithKline Beecham Corp. may be breathing a little easier for now as a result of a temporary denial of class certification in the antitrust litigation that seeks to hold the pharmaceutical company liable for delaying generic versions of the nasal spray Flonase. Judge Anita B. Brody of the U.S. District Court for the Eastern District of Pennsylvania ordered the plaintiffs to rebrief their motion by September 30 in...

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China Edges Into Antitrust Enforcement With Break Up Of Price-Fixing Cartel

Posted  06/28/10
While no one may be predicting China will be the antitrust powerhouse of the 21st Century, its days as an antitrust neophyte appear to be ending. China’s National Development and Reform Commission (“NDRC”) of China has levied fines and administrative penalties against more than 20 producers of rice noodles.  This enforcement action represents the first application of Article 13 of China’s Anti-Monopoly Law...

Tagged in: Antitrust Enforcement, International Competition Issues,

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Gulf Crisis Trumps Antitrust Concerns

Posted  06/18/10
Cooperation among competitors is usually the kind of activity that raises antitrust concerns.  However, with thousands of barrels of dirty crude oil spilling into the Gulf of Mexico on a daily basis, the head of Federal Trade Commission is seeking to ease concerns that cooperation among competing energy companies to help the federal government solve the crisis in the Gulf would face scrutiny under federal antitrust...

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German Coffee Companies Get A Wake-Up Call For Price-Fixing

Posted  06/14/10
The Bundeskartellamt, Germany's version of the U.S. Department of Justice Antitrust Division, has announced it is fining eight coffee roasters 30 million euros ($35.9 million) for illegally fixing the price of wholesale coffee sold to bulk customers such as restaurants and hotels. Bundeskartellamt President Andreas Mundt spoke strongly about the need for antitrust regulation, saying that "cartels ... are highly...

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

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Federal Enforcers To Come Under Senate Antitrust Subcommittee Microscope

Posted  06/3/10
On Wednesday afternoon, the Senate Antitrust Subcommittee will hold a general oversight hearing on the two federal antitrust enforcement agencies, the Department of Justice’s Antitrust Division and the Federal Trade Commission’s Bureau of Competition. The heads of these agencies, Assistant Attorney General for Antitrust Christine Varney and Federal Trade Commission Chair Jon Leibowitz will testify.  The...

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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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Hamptons’ Real Estate Brokers Find Exclusivity Has Its Price

Posted  05/27/10
Although the Hamptons may be renowned as an exclusive vacation spot on New York’s Long Island, its real estate brokers may be getting some unwanted attention from the U.S. Department of Justice for expanding that exclusivity into the way they do business. Apparently, the real estate industry has attracted the attention of antitrust investigators because of an online listing service – OpenRealNet Exchange, run...

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American Needle Scores Touchdown Against NFL In Supreme Court

Posted  05/24/10
The U.S. Supreme Court ruled in favor of plaintiff American Needle and a more expansive view of the scope of antitrust law today with what may well turn out to be a landmark opinion in the much anticipated case of American Needle, Inc. v. National Football League. The decision rejects the lower courts’ broad grant of immunity to joint ventures from the conspiracy prohibition of § 1 of the Sherman Antitrust...

Tagged in: Antitrust Enforcement, Intellectual Property Law and Antitrust,

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FTC Passes On Challenging Google-AdMob Merger

Posted  05/24/10
Antitrust enforcement is not going mobile, at least as of today. On Friday, the Federal Trade Commission decided not to challenge to Google’s $750 million purchase of AdMob, which places electronic advertisements on cell phones and other mobile devices. According to the FTC, the decision was “a difficult one because the parties currently are the two leading mobile advertising networks, and the Commission was...

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FTC Says Even Small Merger To Monopoly Is Big Deal

Posted  05/21/10
The FTC is suing Dun & Bradstreet to challenge its February 2009 acquisition of QED, a division of Scholastic that provides kindergarten through twelfth-grade educational marketing databases. The combination of MDR, Dun & Bradstreet’s subsidiary, and QED was a merger-to-monopoly, giving the combined entity more than 90 percent of the market for K-12 educational marketing data.  The deal glided under the radar...

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