Author Archives: Steve Semeraro

New York AG Sues Intel

In a case mirroring claims that lend to a fine in the European Union in excess of $1 billion, the state of New York has filed an antitrust action alleging that Intel improperly monopolized the computer chip market by paying rebates to computer makers to keep them from dealing with Intel competitor AMD.  The gist of the […]

FTC Approves Merck/Schering-Plough Merger with Divestitures

The FTC has given a green light to the Merck& Co. Schering-Plough merger on the condition that Merck divest its stake in Merial Ltd an animal health joint venture with Sanofi-Aventis, and Schering divests its assets associated with nausea drugs for humans.  Both companies are reported to be in the process of compiling with the […]

Dairy Cooperative Accused of Tying Access to Milk Bottling Plants

In Allen et al. v. Dairy Farmers of America Inc. et al., Northeastern dairy farmers have filed a class action in the Vermont District Court against Dairy Farmers of America Inc., alleging DFA and Dean Foods Co. have collaborated in a price-fixing scheme and have monopolized distribution of fluid milk in the Northeast by trying up access […]

Heavy-duty Transmission Manufacturer Illegal Forced Exclusive Dealing

In ZF Meritor LLC and Meritor Transmission Corp. v. Eaton Corp., District of Delaware jury found that Eaton Corp. violated the Sherman Act and the Clayton Act, in the heavy-duty truck transmission market in a suit brought by two affiliates of rival ArvinMeritor Inc.  In their suit, Plaintiffs claimed that Eaton used its dominant position in […]

Energy Crisis Antitrust Suit Is Not Barred By The Commodity Exchange Act

In In re: Western States Wholesale Natural Gas Antitrust Litigation, District of Nevada Judge Philip M. Pro denied defendants’ bid for a judgment on the pleadings, ruling that antitrust claims against more than a dozen companies in the Western States Wholesale Natural Gas case, which stems from the 2000-2001 energy crisis, are not barred by […]

EC Questions Airline Cooperation Agreement

The European Commission has has issued a Statement of Objections to British Airways, American Airlines and Iberia, questioning their proposed cooperation on passenger air transport services on transatlantic routes.

Federal Circuit to Revisit Sony/Philips Recordable CD Agreement Claim

Update October 2009:  The Federal Circuit has granted Philips request for en banc review of its earlier decision overturning the ITC decision that Sony and Philips had not unlawfully conspired to restrain trade. The Federal Circuit has reversed an ITC decision rejecting a claim that Sony and Philips conspired to restrain competition in the development […]

IBM Under Investigation

Various sources are reporting that the Department of Justice, Antitrust Division, is investigating IBM with respect to potential anticompetitive activities in the mainframe computer hardware and software markets.  The European Commission is said to be consulting with the Division, but has not opened its own investigation.

EC Imposes Fines on Transformer Cartel

The EC has imposed fines totally approximately $100 million on six European and Japanese power transformer producers for dividing markets from 1999 through 2003.  The Commission found that the Japanese firms agreed not to sell transformers in Europe in exchange for the European firms agreement not to sell in Japan.

EC Investigating Drug Industry

Reports have surfaced that the EC conducted raids of a number of unnamed drug companies.