Antitrust Blogs (9)Expanded ViewList View
Consumer Goods & Retail...
Consumer Goods & Retail Industry Litigation Blog
Covers litigation-related issues concerning consumer packaged goods manufacturers, retailers, advertisers, consumers and attorneys. By Daniel Low.
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Oct 13
Arctic Glacier Pleads Guilty to Criminal Antitrust Conspiracy
Arctic Glacier and three of its executives have pleaded guilty to a criminal antitrust conspiracy in the market for packaged ice. The Department of Justice issued a press release on Tuesday announcing the plea agreement: Minneapolis Packaged-Ice Company Agrees to Plead Guilty to Customer Allocation Conspiracy Company Agrees to Pay $9 Million Criminal Fine WASHINGTON - A packaged-ice company, headquartered in St. Paul, Minn., has agreed to plead guilty and to pay a $9 million criminal fine for... Posted on October 13, 2009 at 06:23 pm by Daniel Low -
Oct 4
Court Denies News America’s Summary Judgment Motion in Insignia System’s Lawsuit
On September 30, the U.S. District Court for the District of Minnesota largely denied News America's motion for summary judgment and granted Insignia Systems' motion for summary judgment on News America's counterclaims. Insignia had alleged that News America engaged in anticompetitive business practices in the market for in-store shelf advertising, while News America filed a number of counterclaims. News America had asked the Court to dismiss Insignia's claims on the grounds that the undisputed... Posted on October 4, 2009 at 04:30 pm by Daniel Low -
Sep 20
DOJ Weighs in on Proposed Google Books Settlement
The Department of Justice Antitrust Division filed a statement of interest Friday, available here, opposing the Google Books settlement. DOJ's filing addresses concerns that the settlement: (1) fails to satisfy Federal Rule of Civil Procedure 23 (which governs class action lawsuits); (2) violates copyright law; and (3) violates antitrust law. DOJ's statement is a bit unusual in that it raises both antitrust and non-antitrust concerns; typically the DOJ's Antitrust Division confines public... Posted on September 20, 2009 at 02:32 am by Daniel Low
Antitrust Commentary
Antitrust Commentary
Provides commentary on recent antitrust developments. By Matthew S. Wild.
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Oct 29
41 State Attorneys General Ask Congress to Prohibit Resale Price Maintenance
In letters dated October 27, 2009 (State AG Letter re HR 3190; State AG Letter re S 148), 41 state attorneys general wrote to Congress asking them to overrule Leegin Creative Leather Product, Inc. v. PSKS, Inc., 551 U.S. 877 (2007). In Leegin, the Supreme Court held that resale price maintenance - the practice in which a manufacturer requires a retailer to sell its products at a certain price - was subject to the rule of reason. In doing so, the Court overruled Dr. Miles Medical Co. v. John D.... Posted on October 29, 2009 at 08:04 am -
Oct 26
Three Former Marsh Executives Acquitted of Donnelly Act Violations
Joseph Peiser, Greg Doherty and Kathleen Drake, former Marsh executives, were acquitted after an 11-month bench trial before Justice James Yates of violating New York's antitrust law - the Donnelly Act. They were acquitted of bid-rigging in connection with the sale of insurance policies. As you may recall (and discussed in the February 22, 2008 Post), two Marsh executives were convicted of Donnelly Act violations after a 10-month bench trial. These cases were brought by then New York Attorney... Posted on October 26, 2009 at 02:15 pm -
Oct 16
Packaged Ice Indirect Purchasers Assert Their Rights As Victims in the Prosecution of Arctic Glacier and Its Executives
Levitt & Kaizer, on behalf of the class of indirect purchasers in In re Packaged Ice Antitrust Litig., MDL No. 1952 and the individual class representatives, asserted today the class' rights as victims under the Crime Victims Rights Act (18 U.S.C. 3771) in connection with the criminal prosecution of Arctic Glacier and its former executives. They requested the opportunity to be heard before the court decides whether to accept any plea agreements. They also requested that the court postpone... Posted on October 16, 2009 at 12:20 pm
M & A Law Prof Blog
M & A Law Prof Blog
By Professor Steven M. Davidoff.
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Nov 20
eBay/Skype: RIP
eBay announced on Thursday that it closed its sale of Skype. The buyer, who will control an approximately 70 percent stake, is an investor group led by Silver Lake and includes Joltid Limited and certain affiliated parties, the Canada Pension... Posted on November 20, 2009 at 10:29 pm by CorporateAcquisitions MergerLawBlogger -
Nov 20
Insider Trading in India
Here's a relatively recent empirical study of insider trading in India in advance of merger announcements, Merger Announcements and Insider Trading in India: An Empirical Investigation. Shorter version: insider trading is rampant. Don't be surprised. It's apparently rampant here. Why... Posted on November 20, 2009 at 10:06 am by CorporateAcquisitions MergerLawBlogger -
Nov 19
B&N's Pill
On Tuesday the board of Barnes and Noble adopted a shareholder rights plan -- or a poison pill. From the board's announcement: The Board adopted the Rights Plan in response to the recent rapid accumulation of a significant portion of... Posted on November 19, 2009 at 12:54 am by CorporateAcquisitions MergerLawBlogger
Antitrust Law Blog
Antitrust Law Blog
Covers current antitrust news and regulatory developments. By Sheppard Mullin.
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Nov 10
"Per Se" or Not "Per Se" - An Historical "Quick Look" at Minimum RPM Under California Law
On June 28, 2007, in Leegin Creative Leather Products, Inc. v. PSKS, Inc.,[1] the United States Supreme Court decided in a 5-4 vote to overrule the long-lived rule in Dr. Miles Medical Co. v. John D. Park & Sons Co.[2]The decision in Dr. Miles, issued in 1911, had a long but checkered life. In Dr. Miles, the Court affirmed the sustaining of a demurrer to a bill in equity, and held that it was illegal under Section 1 of the Sherman Act for a manufacturer and its distributors to agree on a... Posted on November 10, 2009 at 12:53 pm -
Nov 10
Supreme Court's Linkline and Trinko Decisions Result in Tenth Circuit Dismissal of Section 2 Monopolization Case
The Tenth Circuit's recent dismissal of Section 2 monopolization and attempted monopolization claims in Four Corners Nephrology Associates, P.C. v. Mercy Medical Center of Durango, -- F.3d ---, 2009 WL 3085882 (10th Cir. Sep. 29, 2009), relied extensively on the Supreme Court's Linkline and Trinko decisions to hold that: (1) a hospital's refusal to allow a physician access to its nephrology facilities does not constitute anticompetitive conduct under Section 2 of the Sherman Act; and (2) the... Posted on November 10, 2009 at 12:18 pm -
Nov 10
Technology Sector Comes Under Increased Antitrust Scrutiny
Earlier this year, in her first speech as Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division, Christine Varney referred to Americans' growing reliance on high-tech solutions in the home and workplace, and stated that her Department "planned to devote attention to understanding the unique competition-related issues posed by these markets". See Christine Varney, Vigorous Antitrust Enforcement in This Challenging Era, Speech Before the Center for American... Posted on November 10, 2009 at 11:30 am
Real Estate, Real Competition...
Real Estate, Real Competition & the Law
Chronicles the anticompetitive practices encountered by real estate brokers and websites who try to reduce real estate commissions. By Michael H. Erdman.
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Aug 3
What I've been up to - AgentsCompared.com
/**/ It's been awhile since I last posted here, and for good reason. Going back to the summer of 2007 I've been developing an idea I've had about helping home buyers and sellers make more informed decisions when selecting a local real estate agent. Last month it came to fruition - AgentsCompared.com. Here's the text of our launch announcement: FOR IMMEDIATE RELEASE: Consumer-centric AgentsCompared.com Helps Prospective Chicagoland Home Buyers and Sellers Make More Informed Decisions When... Posted on August 3, 2009 at 07:46 am by MICHAEL H. ERDMAN -
May 27
Overview of USA v. NAR proposed Final Judgment
Here's a quick overview of the proposed Final Judgment ("PFJ") filed earlier today in USA v. National Association of Realtors. Note that before Judge Kennelly will consider and potentially enter the judgment, one or both parties will need to formally file a motion requesting same with the Court. For a period of ten years, the settlement would prohibit NAR from adopting, maintaining or enforcing any rule, or entering into or enforcing any agreement or practice, that directly or indirectly:... Posted on May 27, 2008 at 05:47 am by MICHAEL H. ERDMAN -
May 27
Settlement in USA v NAR?
A stipulation signed by attorneys for both parties and a proposed final judgment (not yet entered by Judge Kennelly) just appeared on the Court's online docket. Perhaps the July 7 trial, which was to last approximately a month, has been averted? Keep in mind that a final judgment and/or other dispositive order has not yet been entered by the Court. In a related filing today, the United States stated that it will be filing a motion for entry of the proposed Final Judgment. UPDATE: Read a summary... Posted on May 27, 2008 at 05:29 am by MICHAEL H. ERDMAN
Antitrust & Competition Policy...
Antitrust & Competition Policy Blog
By SMU Dedman School of Law Professor Shubha Ghosh.
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Nov 23
EU Competition Law in Context
Posted by D. Daniel Sokol Heikki Kanninen (CFI), Nina Korjus (CFI), and Allan Rosas (Court of Justice) explain EU Competition Law in Context. ABSTRACT: Competition law belongs to the traditional core of Community internal market law and continues to play... Posted on November 23, 2009 at 12:00 am by JA Hodnicki -
Nov 21
OECD Recommendation on Competition Assessment
Posted by D. Daniel Sokol The OECD has published its Recommendation on Competition Assessment. Posted on November 21, 2009 at 12:07 pm by JA Hodnicki -
Nov 20
Private Antitrust Enforcement in the Presence of Pre-Trial Bargaining
Posted by D. Daniel Sokol Sylvain Bourjade, University of Toulouse - Econ; Patrick Rey, University of Toulouse - Econ, and Paul Seabright, University of Toulouse - Industrial Economic Institute explain Private Antitrust Enforcement in the Presence of Pre-Trial Bargaining. ABSTRACT:... Posted on November 20, 2009 at 08:27 am by JA Hodnicki
Antitrust Review
Antitrust Review
Covers antitrust law, policy and economics. By Dan Crane, David Fischer, Hanno Kaiser and Manfred Gabriel.
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Nov 19
Google and Legal Search
Google now has a legal search engine. You first have to go to Google Scholar and then selected the "legal opinions and journals" option. I have only taken a quick look but a couple of quick thoughts: this is will be useful if you know the case name (or part of it). However, the inability to search for cases within a particular federal district court or circuit is an odd limitation (especially given the the ability to search for state cases by state). Other limitations: there is no indication if... Posted on November 19, 2009 at 08:44 am by David Fischer -
Nov 17
Slides for Talk about Antitrust and Standard Setting
Here are the slides for an upcoming talk on standard setting after Rambus, Broadcom (3rd. Cir.), Qualcomm (Fed. Cir.), and N-Data at the Advanced Patent Law Institute Conference in Palo Alto. Drop me a note if you are attending and would like me to address any other topics (offline, probably, the slot is only for 30 minutes). Share on Facebook Posted on November 17, 2009 at 09:31 am by Hanno Kaiser -
Nov 17
Obama Nominates Julie Brill and Edith Ramirez to the FTC
Reuters reports: U.S. President Barack Obama has chosen Julie Brill, North Carolina's top consumer watchdog, and attorney Edith Ramirez to fill two vacant spots on the Federal Trade Commission, the White House said on Monday. â€੫rill became the senior deputy attorney general and chief of consumer protection and antitrust for the North Carolina Department of Justice in February 2009. Ramirez has represented corporations like Mattel Inc and Northrop Grumman Corp. …They would replace Republican... Posted on November 17, 2009 at 04:20 am by David Fischer
Trade Regulation Talk
Trade Regulation Talk
Covers antitrust, consumer protection, franchising, advertising, privacy, and civil RICO law. By John W. Arden.
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Nov 20
Contractor Could Proceed with RICO...
Contractor Could Proceed with RICO Claim Alleging Extortionate Credit Line This posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide. A construction contractor sufficiently alleged a RICO conspiracy by three individuals who allegedly engaged in a scheme to force the contractor to accept an extortionate line of credit, the federal district court in Cleveland has ruled. According to the contractor, one of the defendants refused to pay him $168,000 for gutter and siding... Posted on November 20, 2009 at 03:30 am by John W. Arden -
Nov 19
$4.8 Million Gift Card Controversy Sent...
$4.8 Million Gift Card Controversy Sent Back to State Court This posting was written by William Zale, Editor of CCH Advertising Law Guide. Because the amount in controversy in a lawsuit on behalf of New Jersey purchasers of Landry's Restaurants gift cards was at most $4.8 million, the federal district court in Trenton sent the case back to New Jersey state court, where it had been filed. Landry's had removed the case to the federal court, asserting that the amount in controversy met the $5... Posted on November 19, 2009 at 06:38 am by John W. Arden -
Nov 18
Revised Google Book Settlement Attempts...
Revised Google Book Settlement Attempts to Address U.S. Competition Concerns This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. After consulting with the U.S. Department of Justice, lawyers representing the parties in a copyright dispute brought by authors and publishers against online search engine Google have filed a revised settlement agreement with the federal district court in New York City. The settlement would resolve claims that Google violated copyright... Posted on November 18, 2009 at 01:53 am by John W. Arden
Antitrust Lawyer Blog
Antitrust Lawyer Blog
Covers antitrust and international trade law. By Doyle, Barlow & Mazard PLLC.
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Oct 29
FTC ALLOWS SCHERING-PLOUGH TO ACQUIRE MERCK
On October 28, 2009, the FTC approved Schering-Plough's $41.1 billion acquisition of Merck, on the condition that certain divestitures were made. On March 8, 2009, Schering-Plough proposed to acquire Merck and rename the surviving entity Merck. According to the FTC's complaint, Schering-Plough's acquisition of Merck would have reduced competition in a range of animal health markets in which the companies compete. The companies are two of the leading animal health suppliers in the United States,... Posted on October 29, 2009 at 07:56 am by dbmadmin -
Oct 14
FTC SETTLES WITH PFIZER REGARDING ITS ACQUISITION OF WYETH
On October 14, 2009, the Federal Trade Commission ("FTC") settled with Pfizer Inc. regarding its proposed $68 billion acquisition of Wyeth. According to the FTC, the proposed transaction would have reduced competition in several U.S. markets for the manufacture and sale of animal vaccines and animal pharmaceutical products. Veterinarians and other animal health product customers could have seen the prices of these goods increase. Furthermore, the FTC believes that the entry of new competitors... Posted on October 14, 2009 at 12:31 pm by dbmadmin -
Oct 13
DOJ REQUIRES DIVESTITURES IN AT&T’S ACQUISITION OF CENTENNIAL
On October 13, 2009, the Department of Justice ("DOJ") settled with AT&T Inc. ("AT&T") regarding its $944 million acquisition of Centennial Communications Corp. ("Centennial"). Specifically, AT&T is required to divest its assets in eight Cellular Marketing Areas ("CMA"), as defined by the Federal Communications Commission ("FCC"), in southwestern and central Louisiana and southwestern Mississippi in order for the transaction to be consummated. According to the DOJ, AT&T and... Posted on October 13, 2009 at 12:19 pm by dbmadmin











