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Antitrust Today

South Korean Antitrust Enforcers Sets Sights On Intellectual Property

Posted  02/3/12
While many international businesses are used to navigating through the tricky shoals of United States antitrust enforcement and intellectual property (“IP”) law, they are now finding they need to navigate through South Korean regulation as well. As South Korean firms have become increasingly prominent players in the global technology marketplace, the Korean government has become an increasingly prominent player...

Brits Investigating Whether Concrete Markets Are Crushing Competition

Posted  02/1/12
The United Kingdom’s Office of Fair Trading (OFT) is calling in reinforcements to expand Great Britain’s investigation into whether competition is being blocked in the markets for concrete and its main ingredients, aggregate and cement. The OFT has referred Great Britain’s aggregates, cement, and ready-mix concrete markets to the U.K.’s Competition Commission, an independent body that conducts in-depth...

FTC Approves Final Order Resolving PoolCorp Antitrust Claims

Posted  01/24/12
The FTC has approved the resolving claims that Pool Corporation, Inc. (“PoolCorp”) acted anticompetitively in violation of Section 5 of the Federal Trade Commission Act. PoolCorp is a major distributor of commercial and residential swimming pool supplies, products, and equipment.  According to the FTC complaint in In the Matter of Pool Corporation, PoolCorp is the “largest nationwide buyer of...

FTC Revamps Investigation and Attorney Misconduct Rules

Posted  01/20/12
The U.S. Federal Trade Commission (the “FTC”) has issued to streamline its rules relating to investigatory procedures and alleged misconduct of attorneys. The proposed changes deal with Parts 2 and 4 of the FTC’s Rules of Practice and are designed to improve investigations and to keep up with changes in electronic discovery. The agency noted that the Part 2 rules were in need of reform...

FTC Charges Pipe Fitting Price Fixing

Posted  01/18/12
The Federal Trade Commission (“FTC”) alleging price fixing against the three largest U.S. suppliers of ductile iron pipe fittings – Star Pipe Products, Ltd., McWane, Inc., and Sigma Corp. The FTC alleges that these three competitors violated Section 5 of the Federal Trade Commission Act ("FTCA") by conspiring to fix prices for ductile iron pipe fittings, which are used in municipal water...

King Pharmaceuticals Hit With Antitrust Headaches Over Its Muscle Relaxant, Skelaxin

Posted  01/13/12
King Pharmaceuticals Inc. begins the new year with another antitrust headache caused by a class action complaint brought in federal court in the Eastern District of Tennessee by two pharmacies alleging that it has unlawfully conspired to suppress competition to its muscle relaxant, Skelaxin. According to the complaint in Johnson's Village Pharmacy, Inc. et al. v. King Pharmaceuticals, Inc., King Pharmaceuticals...

U.S. Agriculture Competition Rules Get Meat Axed By Industry And Congressional Pressure

Posted  01/11/12
Pressure from the U.S. meat industry and Congress has succeeded in trimming new competition rules designed to help farmers contained in the U.S. Department of Agriculture’s (“USDA”) for the Grain Inspection, Packers and Stockyards Administration (“GIPSA”). The Food, Conservation, and Energy Act of 2008 (the “”) required the USDA to promulgate new, and clarify existing,...

Thomson Reuters Offers Settlement In RIC Investigation

Posted  01/3/12
Thomson Reuters, the worldwide provider of business and financial information, has offered to settle an EU antitrust probe.  The two-year old investigation is focused on the company's system of requiring customers to use Reuters Instrument Codes (RICs) to access financial data.  The codes are used to identify financial instruments and indices for which a consumer wants to retrieve data. The European Commission...

State-Action Stops FTC Appeal To Enjoin Hospital Acquisition

Posted  01/2/12
The Eleventh Circuit recently affirmed the decision of the U.S. District Court for the Middle District of Georgia to dismiss the FTC’s antitrust challenge to the proposed acquisition of Palmyra Park Hospital, Inc. (“Palmyra”) and the subsequent lease of Palmyra to Phoebe Putney Health System, Inc. (“PPHS”) or one of its subsidiaries.  As the district court did, the Eleventh Circuit predicated its decision...

Got Cert? These Northeast Dairy Farmers Don't – Not Yet, Anyway

Posted  12/29/11
On December 9, Chief Judge Christina Reiss of the District of Vermont denied the plaintiff dairy farmers' motion for class certification in Allen v. Dairy Farmers of America, Inc., 2011 WL 6148678 (D. Vt. Dec. 9, 2011).  However, Judge Reiss invited plaintiffs to renew their motion after addressing issues with their expert report. Plaintiffs are New York and Vermont dairy farmers.  Defendants are Dairy Farmers of...
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