The Nineth Circuit recently upheld the dismissal of a price fixing case against computer memory chip manufacturers that had been filed by Centerprise, a British computer manufacturer. The court held that the Foreign Trade Antitrust Improvements Act requires a foreign consumer to show that its injury flowed directly from anticompetitive effects of the defendants’ conduct in the United States. Centerprise had argued that the defendants’ worldwide price fixing conspiracy could not have been effective unless the U.S. market was included. The court found this allegation insufficient to establish the requisite direct injury.
Foreign Consumer’s Injury Not Directly Linked to Anticompetitive Effect in the U.S.
August 15, 2008 – 11:07 am
Wood Pallet Monopolization Case to Go Forward
August 13, 2008 – 2:48 pm
A Western District of Arkansas district court refused to dismiss a monopolization claim a wood pallet supplier alleging anticompetitive efforts to raise its rivals costs. Best Pallets Inc. v. Brambles Industries.
Asparteme Direct Purchases Out, Indirect Purchasers?
August 13, 2008 – 2:45 pm
An Eastern District of Pennsylvania disctrict court granted summary judgement in In re Asparteme Antitrust Litigation on statute of limitation grounds against the remaining direct purchasers. The plaintiffs had alleged a worldwide conspiracy to divide markets and increase prices. The court must now deal with a class of indirect purchasers, whose claim had been stayed pending resolution of the direct purchaser case.
Union Might Violate Antitrust Laws by Paying Employers to Hire Union Labor
August 5, 2008 – 3:45 am
The First Circuit reinstated an antitrust claim against a union for using dues to pay employers for hiring union labor. The court held that the labor exemption to the antitrust laws does not extend to collaboration with a non-labor group. The payments to employers, the court held, may fit within this exception to the exemption.
FCC Encouraging Net Neutrality
August 4, 2008 – 11:52 am
The Federal Communications Commission issued a divided order requiring Comcast to stop the practice of blocking or delaying peer-to-peer communications. Comcast contends that it does not block communications, and its delaying policies are a reasonable means to manage bandwidth. No fine was issued.
Anemia Drug Tying Case Settled
July 20, 2008 – 3:33 pm
In mid-July, Amgen agreed to settle a tying case in which a competitor alleged that the anemia drug producer’s pricing policies effectively tied the purchase of a competitive drug to two others in which it held a monopoly position. Related litigation involving this pricing practice is on-going.
Update: In late September, the Sheet Metal Workers National Health Fund voluntarily dismissed a putative class action against Amgen based on similar tying claims. Portions of the complaint had been thrown out in a mid-August decision.
EC’s Intel Investigation Continues
July 18, 2008 – 3:53 pm
On July 17, 2008, the EC issued a Statement of Objections to semiconductor producer Intel. Echoing a statement from a year earlier, the Commission continues to express concern that Intel has abused its dominant position to exclude its primary rival, AMD.
EC Seeks to Increase Competition in Copyright Management
July 17, 2008 – 4:06 pm
The EC has prohibited laws forbidding European copyright management firms from competing across national boundaries. Authors will now be able to choose which collecting society manages their copyrights.
Kensington Antitrust Advisors Group
July 5, 2008 – 5:00 pm
 The Kensington Antitrust Advisors Group provides a full range of consulting services to businesses and law firms relating to antitrust compliance, litigation, and policy. We can design compliance programs, evaluate competition questions about business plans, or assist in the preparation of a business review letter. We also assess potential antitrust violations; facilitate meetings with the enforcement agencies; and provide a range of lobbying services with respective to competition-policy legislation. If you have an issue touching on any aspect of antitrust, we can help. Although we do not provide legal representation, we can provide referrals to quality antitrust counsel. Our primary approach, however, is assist in-house counsel and law firms in fulfilling their clients’ antitrust needs by providing case assessment, expert witness services, and, when needed, legal research and brief writing. |
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Posts
- Category: Antitrust Division Action
- DOJ & FTC Squabble Over Section 2 Guidelines
- DOJ Approves Patent Pool for High Frequency Bagage Tracking
- DOJ Challenged Beef Packing Merger
- DOJ Won't Challenge Delta-Northwest Merger
- DOJ Files Complaint & Proposed Settlement in Verizon Merger
- Google/Yahoo The Deal's Off
- DOJ Requires Divesitures in Waste Management Merger
- DOJ & EC Approve Sun Microsystems/Oracle Merger
- DOJ to Investigate Ticketmaster/Live Nation Merger
- DOJ Enforcement Fines Up & Focus Intense
- Liquid Crystal Display Screen Producers Plead Guilty to Price Fixing
- Criminal Big Rigging Case Filed Against Refuse Cart Repair Company Executives
- DOJ Confirms Investigation of Blood Reagent Industry
- DOJ Proposes Settlement with SC Realtors
- Municipal Derivatives Action Dismissed
- DOT Approves Continental Antitrust Immunity Over DOJ Objection
- Coastal Shipping Cartel Civil Case Dismissed Without Prejudice
- FTC/DOJ to Revise Merger Guidelines
- IBM Under Investigation
- Sixth Company Pleads Guilty For Conspiracy To Fix Liquid Crystal Display Panel Prices
- Second Circuit Addresses Twombly Standard in Reviving Digital Music Conspiracy Suit
- FTC Announces a Drop in Hart-Scott-Rodino Thresholds
- DOJ Settles West Virginia Newspaper Case
- DOJ Permits Ticketmaster/Live Nation Merger to Move Forward With Divestitures
- Second Circuit Urges En Banc Review While Upholding Reverse Payment Drug Settlement
- Fines Imposed in Ice Cartel Case
- House Passes Bill to Retain Private Damage Protection for Successful Leniency Applicants
- Third Circuit Upholds Dismissal of Claims Against Dentsply
- DOJ & Election Systems Agree on Asset Sell Off
- DOJ Attack on Milk Processing Plant Merger to Move Forward
- New Merger Guidelines Released
- Blood Reagent Price-Fixing MDL Moves Forward
- DOJ Signs Off on United-Continental Merger
- Another Guilty Plea in DOJ Air Cargo Cartel Probe
- Antitrust Division Sues Credit Card Companies
- EU and DOJ Investigating an Alledged Refrigeration Cartel+Class Action Filed
- DOJ Indicts Ex-Florida West Vice-President and Others for Price-Fixing in Air Transportation Industry
- Antitrust Claims Dismissed Against Realtor Association
- DOJ to Investigate Google Book Deal
- DOJ Settles Antitrust Disgorgement Case
- DOJ and Texas Hospital Propose Antitrust Settlement
- DOJ Sues to Undo Sale of Chicken Processing Plant
- DOJ Sues to Block POS Card Reader Merger
- DOJ Sues to Block On-line Tax Preparation Software Merger
- Power Purchaser Lacks Standing
- DOJ Proseuction of Blue Cross of Michigan to Move Forward
- DOJ Antitrust Concerns Alter Novell Patent Deal
- DOJ and EC Approve Google Acquisition of Motorola, Other Technology Patent Transactions
- E-book Publishing Antitrust Case Filed
- Follow-on Private Litigation Accusing Hi-Tech Firms of Agreeing Not to Compete for Engineering Talent to Move Forward
- Publishers Settle State E-book Litigation
- Antitrust Investigation of Visa Debit Card Fees
- U.S. Supreme Court Requires Jury Findings on Facts Supporting Criminal Fines
- Stay Lifted in Multidistrict Automotive Lighting Case
- Court Denies Blue Cross’ Motion to Compel Disclosure of Competitor and Consumer Interviews
- Follow-on Case to DOJ Blue Cross Blue Shield Prosecution to Move Forward
- Avery Dennison & 3M Scrap Division Purchase Plans
- DOJ Closes Investigation of Monsanto’s Domestic Seed Business
- Follow-on Class Action Against Michigan Blue Cross/Shield to Move Forward
- DOJ Concerned About The Exploitation of Standard-essential Technology Patents Through Unfair Licensing Strategies
- DOJ & USPTO Seek to Prevent Ban on Patented Products
- Chiropractic Organization May Not Negotiate Prices for Its Members
- Antitrust Enforcement Agencies Oppose Use of Arbitration Clause to Block Class Actions
- Court Finds Waiver of Right to Jury Trial in Major Antitrust Damages Case
- DOJ Urges FCC to Ensure Broad Access to Low-frequency Spectrum in Upcoming Auctions
- Category: Antitrust Standing
- G-Fee Conspiracy Case to Go Forward Against Fanny & Freddy
- California Supreme Court to Decide Whether Cartwright Act Permits Pass-on Defense
- Qualcomm Patent Standard Challenge Dismissed on Standing Grounds
- DRAM Price Manipulation Case Survives Summary Judgment
- Hospitals May Maintain Exclusive Practice & Exclude Outside Doctors
- Unity Of Purpose Saves Parent Company From A Verdict Of Conspiracy With Subsidiaries
- DVD Application Antitrust Suit Dismissed for Lack of Injury
- Carbon Fiber Price Fixing Suit Is Allowed To Proceed
- Third Circuit Upholds Dismissal of Claims Against Dentsply
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