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 […]
Author Archives: Steve Semeraro
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 […]
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 […]
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 […]
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July 5, 2008 – 4:20 pm
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