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Antitrust Today

Wholesaler Grocers’ Arbitration Argument Misfires In Eighth Circuit

Posted  03/19/13
The United States Court of Appeals for the Eighth Circuit that arbitration agreements are not necessarily the silver bullet that will dispose of antitrust claims five retail groceries (the “Retailers”) are asserting against two of the largest wholesale grocers in the United States – SuperValu Inc. and C&S Wholesale Grocers Inc. (the “Wholesalers”). While the Eighth Circuit reversed the ruling...

Vitamin C Makers Seek Boost From Former Chinese Official In Price-Fixing Trial

Posted  03/13/13
Vitamin C manufacturers currently on trial in federal court in Brooklyn are hoping their defense to price-fixing claims will get a boost from last week’s testimony by a former Chinese government official that China compelled them to engage in allegedly anticompetitive behavior. Plaintiffs in the class action are seeking to convince a jury in the U.S. District Court for the...

Cablevision Wants Its MTV – But Not For $1 Billion

Posted  03/11/13
Cablevision Systems Corp. is claiming that Viacom Inc. violated antitrust laws by threatening it with a $1 billion penalty if it refused to carry low-rated Viacom channels after obtaining access to Viacom’s more popular channels, such as MTV, Comedy Central and Nickelodeon. Cablevision made the claim of strong-arm tactics last week, as it publicly revealed that it had filed an antitrust complaint against Viacom...

UK Eyeing American Class Actions As Model For Strengthening Antitrust Enforcement

Posted  03/7/13
The United Kingdom is considering moving closer to the American class action system and several other reforms that would strengthen antitrust enforcement. Under by the U.K.'s Department for Business Innovation and Skills (the “BIS”), the U.K. would adopt an opt-out collective action system – similar to the American class action system – in an effort to make it easier for consumers and small...

Potash Miners Dig Up Nearly $100 Million To Settle Antitrust Claims

Posted  03/4/13
Three of the world's largest potash miners have agreed to settle two multidistrict class action antitrust cases that accuse them of collectively reducing supply in order to inflate prices. The settling defendants, Potash Corp. of Saskatchewan Inc., Minnesota-based Mosaic Co. and Calgary-based Agrium Inc., have agreed to pay $80 million to plaintiffs that directly purchased potash, a key agricultural fertilizer,...

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...
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