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FTC Approves Final Order Resolving PoolCorp Antitrust Claims

Posted  01/24/12
The FTC has approved the final order resolving claims that Pool Corporation, Inc. (“PoolCorp”) acted anticompetitively in violation of Section 5 of the Federal Trade Commission Act. PoolCorp is a major distributor of commercial and residential swimming pool supplies, products, and equipment.  According to the FTC complaint in In the Matter of Pool Corporation, PoolCorp is the “largest nationwide buyer of...

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...

King Pharmaceuticals Hit With Antitrust Headaches Over Its Muscle Relaxant, Skelaxin

Posted  01/13/12
King Pharmaceuticals Inc. begins the new year with another antitrust headache caused by a class action complaint brought in federal court in the Eastern District of Tennessee by two pharmacies alleging that it has unlawfully conspired to suppress competition to its muscle relaxant, Skelaxin. According to the complaint in Johnson's Village Pharmacy, Inc. et al. v. King Pharmaceuticals, Inc., King Pharmaceuticals...

State-Action Stops FTC Appeal To Enjoin Hospital Acquisition

Posted  01/2/12
The Eleventh Circuit recently affirmed the decision of the U.S. District Court for the Middle District of Georgia to dismiss the FTC’s antitrust challenge to the proposed acquisition of Palmyra Park Hospital, Inc. (“Palmyra”) and the subsequent lease of Palmyra to Phoebe Putney Health System, Inc. (“PPHS”) or one of its subsidiaries.  As the district court did, the Eleventh Circuit predicated its decision...

Got Cert? These Northeast Dairy Farmers Don't – Not Yet, Anyway

Posted  12/29/11
On December 9, Chief Judge Christina Reiss of the District of Vermont denied the plaintiff dairy farmers' motion for class certification in Allen v. Dairy Farmers of America, Inc., 2011 WL 6148678 (D. Vt. Dec. 9, 2011).  However, Judge Reiss invited plaintiffs to renew their motion after addressing issues with their expert report. Plaintiffs are New York and Vermont dairy farmers.  Defendants are Dairy Farmers of...

Aetna Follows DOJ’s Lead And Files Antitrust Complaint Against Blue Cross Blue Shield

Posted  12/28/11
Health insurance giant Aetna, Inc. has filed a complaint in a Michigan federal district court claiming that Blue Cross Blue Shield of Michigan has engaged in a scheme to force Aetna to pay more for hospital services as part of a campaign to limit or reduce Aetna’s presence in Michigan.  The complaint, filed on December 6, 2011, comes just over a year after the U.S. Department of Justice and the state of Michigan...

Horizon Lines Settles Remaining Claims In Shipping Antitrust Action

Posted  12/14/11
Horizon Lines Inc., one of the largest ocean shipping companies in the United States, has entered into a $13.75 million settlement agreement with a group of shippers who had opted out of a class action against the company. The shippers alleged that Horizon entered into a conspiracy with other carriers, including Sea Star Line, Crowley Maritime Corp. and Trailer Bridge Inc., to fix prices by increasing their rates...

Federal Court Authorizes Plaintiffs To Tune Into iPod Antitrust Class Action Against Apple

Posted  12/12/11
Federal Judge James Ware of the Northern District of California has certified a class of iPod purchasers, allowing an antitrust class action to proceed against Apple Computer, Inc. (“Apple”). The plaintiffs in The Apple iPod iTunes Antitrust Litigation contend that Apple violated state and federal antitrust laws by monopolizing markets for digital music downloads and portable digital media players, excluding...

Delaware Judge Approves $89 Million Sweetener To Settle Del Monte Shareholder Suit

Posted  12/9/11
Delaware Judge J. Travis Laster has approved a settlement requiring Del Monte Corp. and Barclays Capital Inc. to pay $89.4 million to Del Monte shareholders to resolve claims relating to the March 2011 acquisition of Del Monte by funds affiliated with Kohlberg Kravis Roberts & Co. L.P., Vestar Capital Partners, and Centerview Partners. Under the terms of the March 2011 sale of Del Monte, shareholders were entitled...

Federal Judge Orders Timeout In Basketball Players’ Antitrust Action Against NBA

Posted  12/7/11
U.S. District Judge Patrick Schiltz has issued a stay in Butler v. NBA, the basketball players’ antitrust class action against the National Basketball Association and its 30 member teams, to give the parties time to work out a settlement. The District of Minnesota federal judge issued the stay order after being informed by the players that the two sides have “tentatively agreed” to resolve their labor...
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