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Antitrust Today

Drug Data Companies Face Off In Antitrust Suit

Posted  08/8/13
Symphony Health Solutions Corp. has filed an antitrust complaint in the U.S. District Court for the Eastern District of Pennsylvania alleging that competitor IMS Health Inc. is snuffing out competition in markets for pharmaceutical data products. According to the complaint in Symphony Health Solutions Corp. v. IMS Health Inc., IMS, the world's largest supplier of pharmaceutical and health care industry-related data...

Ninth Circuit Rejects Extending Buyer Liability For Price Discrimination

Posted  08/2/13
An effort to extend buyer liability for price discrimination was rejected by the U.S. Court of Appeals for the Ninth Circuit in its of the dismissal of price discrimination and vertical restraint of trade claims made by car parts dealer Gorlick Distribution Centers LLC against its competitor Allied Exhaust Systems Inc. The appellate court in favor of Allied on the...

British Competition Regulators Tell Companies To Open Their Arms To New Auditors

Posted  07/29/13
The U.K.’s Competition Commission is proposing regulations designed to promote competition among auditors of major companies and to ensure that auditors are satisfying the demands of shareholders. The Competition Commission’s provisional decision seeks to remedy the lack of competition among auditors that serve large British companies.  This problem would be addressed by a requirement that companies open up...

Eleventh Circuit Rules Steel Is Too Elastic To Support Monopolization Claims

Posted  07/24/13
The U.S. Court of Appeals for the Eleventh Circuit has affirmed dismissal of monopolization claims against steel producer Nucor Corp., finding that the cross-elasticity of supply for various steel products defeated the limited product market alleged by the plaintiff. The appellate court affirmed the district court’s grant of summary judgment in favor of Nucor in Gulf States Reorganization Group Inc. v. Nucor...

Car Dealers Hit Japanese Auto Parts Supplier With Antitrust Class Action

Posted  07/22/13
Several car dealerships have filed an antitrust class action against four Japanese automobile parts suppliers for allegedly rigging bids for lighting equipment sold to major car companies. Mitsuba Corp., Koito Manufacturing Co. Ltd., Ichikoh Industries Ltd. and Stanley Electric Co. are being sued in the putative class action of Martens Cars of Washington Inc. et al. v. Koito Manufacturing Co. Ltd. et al., which the...

UK Leniency Guidelines Eliminate Demands For Waiver Of Attorney-Client Privilege

Posted  07/19/13
The Office of Fair Trading (“OFT”) in the United Kingdom has released updated guidelines for leniency in cartel cases that will eliminate demands for waivers of the attorney-client privilege as a condition of leniency. The will fine-tune the UK’s framework for leniency applications, which the OFT views as essential to the UK’s enforcement efforts against cartels.  Under the leniency...

Antitrust Claims Against Postal Service Returned To Sender By Federal Judge

Posted  07/17/13
A Colorado federal judge has dismissed class action antitrust claims brought against the United States Postal Service for allegedly forcing post offices to buy mailing labels from a designated vendor. Judge John L. Kane of the U.S. District Court for the District of Colorado ruled in TOG Inc. et al. v. United States Postal Service et al. that the claims were barred by the federal statutory immunity that permits...

Federal Court Finds Apple And Publishers Fixed E-Book Prices

Posted  07/15/13
Judge Denise Cote of the U.S. District Court for the Southern District of New York that Apple Inc. conspired with five of the “Big Six” publishing houses—Hachette Book Group, Inc., HarperCollins Publishers LLC, Holtzbrinck Publishers LLC d/b/a Macmillan, Penguin Group (USA), Inc., and Simon & Schuster, Inc.—to raise the prices of electronic books (“e-books”) in violation of antitrust...

Europeans Rule Reliance On National Courts And Lawyers Not A Bar To EU Antitrust Liability

Posted  07/12/13
The European Court of Justice (“ECJ”) has held that neither a decision from a national antitrust court nor reliance on the advice of counsel protected a company from European Union (“EU”) antitrust liability. The ECJ made its ruling in , a case dealing with an Austrian freight company that joined 30 other freight companies to form a special interest...

Contractor Alleges Graco Constructed Foam Insulation Equipment Monopoly

Posted  07/8/13
A contractor has filed a class action complaint in the United States District Court for the Middle District of Pennsylvania alleging that Graco Inc. and its distributors harmed a class of contractors through anticompetitive conduct in the market for fast-set spray foam equipment, which is used by contractors for the installation of foam insulation in residential and commercial buildings. Insulate SB, Inc., a...
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