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Antitrust Today

European Antitrust Enforcers Tell UPS Merger Is Undeliverable

Posted  02/26/13
European Union competition regulators have formally blocked a proposed merger between United Parcel Service Inc. (UPS) and its Dutch competitor TNT Express NV based on potential adverse effects on competition in 15 EU countries. The express delivery companies had already announced they were abandoning the 5.2 billion euro ($6.99 billion) deal after being informed by the European Commission that it was working on a...

Drywall Manufacturers Accused Of Constructing Price-Fixing Facade

Posted  02/19/13
Eight of the largest drywall manufacturers in the United States are facing three antitrust complaints that allege price fixing and other anticompetitive coordination have harmed homebuilders and other direct purchasers of drywall. Defendants include CertainTeed Corp., Georgia-Pacific LLC, USG Corp., United States Gypsum Co., New NGC, Inc., LaFarge North America Inc., American Gypsum Co. LLC, TIN Inc. and PABCO...

Ohio Counties’ Rock Salt Antitrust Claims Skid Off The Road

Posted  02/11/13
The U. S. Court of Appeals for the Sixth Circuit , as implausible, claims that Morton Salt Inc. and Cargill Inc. engaged in sham bidding for government contracts as part of a conspiracy to divide the Northern Ohio market for rock salt. The Sixth Circuit affirmed the dismissal of the complaint in Erie County, Ohio et al. v. Morton Salt Inc. et al., an antitrust class action in the U.S. District Court for...

Maryland Seeks To Block ACC Withdrawal Fee With Antitrust Suit

Posted  02/6/13
The University of Maryland and the Maryland Attorney General have filed an antitrust complaint against the Atlantic Coast Conference (the “ACC”) in an effort to block a $52 million withdrawal fee that the ACC has imposed on the university for deciding to move to the Big Ten Conference. In November 2012, the University of Maryland to move its athletic teams from the ACC, the collegiate athletic...

Grocers’ Market Allocation Claims Won’t Go To Market

Posted  01/29/13
Claims by retail grocers that two of the largest grocery wholesalers in the United States violated the antitrust laws by market allocation have hit a dead end in the case of in the U.S. District Court for the District of Minnesota. The court has granted defendants SuperValu, Inc. and C&S Wholesaler Grocers, Inc. on the claims of plaintiffs...

Court Certifies Chocolate Antitrust Class Action

Posted  01/24/13
A federal judge has certified a class action alleging that The Hershey Company, Mars Inc., and Nestlé U.S. A., Inc. fixed chocolate prices and inflated the prices of chocolate candy starting in 2002. The is being brought on behalf of 2,900 wholesalers, grocery stores, and other businesses that directly purchase chocolate from the three companies.  The alleged price-fixing conspiracy has resulted in...

Feds Break Back Of Alleged Oklahoma Chiropractic Price-Fixing Conspiracy

Posted  01/18/13
The Antitrust Division of the U.S. Department of Justice has filed a , settlement and against the Oklahoma State Chiropractic Independent Physicians Association (OSCIPA) and its executive director, Larry Bridges, in the United States District Court for the Northern District of Oklahoma. The Antitrust Division alleges in United States of America v. Oklahoma State...

D&B Faces Federal Class Action Alleging “Pay To Play” Scam

Posted  01/15/13
The plaintiff in a federal class action filed in the U.S. District Court for the Eastern District of Washington is accusing leading credit reporting company Dun and Bradstreet (“D&B”) and Dun and Bradstreet Credibility Corporation (“DBCC”) of conspiring to use high pressure sales tactics to create a monopoly in the small business credit reporting market. The complaint in O&R Construction, LLC v. Dun and...

Antitrust Enforcers Seek To Slam On The Brakes On NYC Tour Bus Joint Venture

Posted  01/7/13
New York City tourists could see lower prices for “hop-on, hop-off” bus tours if the U.S. government and the State of New York succeed in an antitrust suit filed in the U.S. District Court for the Southern District of New York that seeks to break up a joint venture that has allegedly monopolized the market. The U.S. Attorney General and New York State Attorney General are suing in to...

Credit Report Complaint Receives Failing Grade Under Twombly Pleading Standard

Posted  01/2/13
A federal judge in the U.S. District Court for the Southern District of Florida has handed Experian and CoreLogic a victory after finding an antitrust complaint against the two credit report companies failed to meet the Twombly pleading standard. As an information repository, Experian collects and stores consumer credit reports.  Both the plaintiff, Credit Bureau Services Inc., and CoreLogic purchase data from...
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