Update April 2009: The plaintiffs have proposed settlements with all defendants. Interestingly, one defendant settled for zero dollars with a pledge to help the plaintiff secure settlements against the other defendants. In In re: Hydrogen Peroxide Antitrust Litigation, the Third Circuit remanded a decision certifying the class, instructing the district court to conduct a more […]
Author Archives: Steve Semeraro
Tomato Packer Alleges Vertical Price Fixing by Can Manufacturer
April 23, 2009 – 6:05 pm
In Stanislaus Food Products Co. v. USS-Posco Industries, tomato packer Stanislaus Food Products Co., accused steelmaker USS-Posco Industries (UPI) of engaging in a vertical price fixing scheme with Silgan – a can manufacturer, to restrain the steel and tin trade. The complaint filed in the Northern District of California alleges that 1) Silgan, who is not named in […]
Florida AG Joins Auto Filter Cartel Follow-on Actions
April 23, 2009 – 5:50 pm
In In re: Aftermarket Filters Antitrust Litigation, Florida’s attorney general launched an action alleging violaitons of federal and state antitrust laws, against nine of the biggest manufacturers of automotive filters in the U.S, including Honeywell International, alleging that through numeous secret meetings among its top executives, the defendant companies schemed to maintain inflated prices for oil, air, fuel, […]
Patented/Generic Drug Manufacturers Settle Patent/Antitrust Suit
April 22, 2009 – 1:46 pm
Teva, owner of patents covering the active ingredient in the drug Coreg, and Glenmark, which had sought to introduce a generic version of the drug have settled their differences and submitted a stipulation of dismissal in their District of New Jersey case. When the primary patent on Coreg expired in 2007, a number of companies […]
DOJ Enforcement Fines Up & Focus Intense
April 20, 2009 – 6:54 pm
Any thought that the financial crisis might lead to lax antitrust enforcement appears to have been quashed by recent DOJ activity. The Antitrust Division has collected nearly $1 Billion in criminal fines in the first four months of 2009, one of the highest totals ever. And in 2008, the average prison sentence for American offenders […]
EC Investigates Dutch Loans to Fortis Bank
April 20, 2009 – 6:39 pm
The EC has launched an investigation into the Netherland’s loaning tens of billions of euros to Fortis Bank Nederland, because of concerns that the low interest rates would distort competition across the EU. The EU Competition Commissioner Neelie Kroes stated that even though the Dutch state could intervene to prevent the bankruptcy of Fortis Bank Nederland, “the commission has […]
EC Opens Investigations of Airline Transatlantic Routes
April 20, 2009 – 2:40 pm
The EC has opened two investigations seeking to determine whether cooperation among airlines on transatlantic routes constitutes restrictive business practices. The first investigation focuses on existing and planned cooperation among four current or prospective members of the Star Alliance – Air Canada, Continental, Lufthansa and United. The second will examine proposed cooperation between three members of the Oneworld alliance – American […]
Court Certifies Twombly Question for Immediate Appeal
April 14, 2009 – 1:53 pm
In March 2009, Judge Christopher Connor, M.D. P.A., denied defendants’ motion to dismiss price fixing allegations against leading chocolate makers. The court held that the complaint sufficient alleged a conspiracy under Twombly. Defendants requested that the court certify the question for appeal. The court has now agreed to do so, explaining that its conclusion that Twombly […]
DRAM Price Manipulation Case Survives Summary Judgment
April 12, 2009 – 5:56 pm
In Sun Microsystems Inc. v. Hynx Semiconductor Inc. et al., Northern District of California Judge Phyllis J. Hamilton denied defendants’ motion for summary judgment, allowing the case of price manipulation of dynamic random access memory to go forward on the plaintiff’s Sherman Act claims. In their summary judgment motion defendants argued that plaintiff did not show that Hynx’s […]
Carb Gas Cartel Plaintiffs Prevail in 9th Circuit
April 12, 2009 – 5:52 pm
In William O. Gilley Enterprises Inc. et al. v. Atlantic Richfield Co. et al., a divided 9th Circuit panel found that plaintiffs’ argument – that 44 individual bilateral agreements among the oil companies had the same aggregate anti-competitive effect as a conspiracy – was enough to establish a claim under Section 1 of the Sherman Act. […]