The EC is investigating the planned paper industry acquisition by UPM-Kymmene Corporation of Myllykoski Corporation and Rhein Papier GmbH. The EC is concerned that the merger will restrain competition in the magazine paper market. The Commission now has 90 working days, until 19 July, 2011, to take a final decision.
Author Archives: Steve Semeraro
Medical Equipment Rental Antitrust Claims Must be Arbitrated
May 12, 2011 – 2:08 pm
Eastern District of Texas Judge David Folsom has held that Freedom Medical Inc. must arbitrate its antitrust claim against medical device rental firm Premier Purchasing Partners. Freedom had used a Premier on-line system called Passport that requires users to agree to arbitrate any disputes. The plaintiff analogized the agreement to a mandatory click through agreement, […]
Ninth Circuit Refuses to Stay Medical Lab Merger
May 12, 2011 – 1:48 pm
The Ninth Circuit has upheld a district court decision refusing the FTC’s request that the court stay, pending FTC administrative proceedings, the merger of Laboratory Corp. of America and Westcliff Medical Laboratories. The FTC alleged that the merger would enable two labs to control 89% of the capitated billing market. The court agreed with a dissenting FTC commission […]
Heavy Duty Manual Transmission Verdict Upheld
May 12, 2011 – 1:35 pm
District of Delaware Judge Sue Robinson denied defendant Eaton Corp.’s motion for judgment seeking to overturn a jury verdict finding that Eaton violated Sections 1 and 2 of the Sherman Act. The plaintiffs, transmission manufacturer competitors ZF and Meritor, argued that Eaton took anticompetitive actions to foreclose the plaintiffs from the manual transmission market. These […]
Iowa Cement Conspiracy Case Dismissed
May 12, 2011 – 10:37 am
Northern District of Iowa Judge Mark Bennett dismissed a case filed by contractors and other plaintiffs against Iowa cement companies alleging a broad agreement to fix prices. Plaintiffs supported the conspiracy allegations by pointing to plea agreements in criminal cases in which executives at the cement companies admitted price fixing. The court found, however, that […]
Drug Patent Sham Litigation Case Dismissed
May 12, 2011 – 10:32 am
The Federal Circuit has upheld a decision dismissing Mylan’s sham litigation claims against AstraZeneca. Mylan claimed that AstraZeneca conspired with others to file patent infringement claims against any generic drug manufacturer seeking to introduce a generic version of Prilosec. The court held, however, that because AstraZeneca won some of the infringement cases and had survived […]