Transportation Antitrust & Trade Regulation

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FTC Workshop on the Sharing Economy: Insights and Promise

Following Commissioner Ohlhausen’s opening presentation, Stanford Professor Liran Einav introduced the first morning panel. It was moderated by Nathan Wilson, Economist for the FTC’s Bureau of Economics. Panelists beyond...more

School Bus Company Owners Indicted for Bid-Rigging and Fraud in Puerto Rico

On May 20, 2015, a federal grand jury in San Juan, Puerto Rico indicted five individuals for bid rigging and fraud conspiracies in connection with an auction for public school bus transportation contracts. The auction was...more

FTC Approves Final Order with AmeriFreight: Websites Must Disclose Endorsements

Earlier this year, AmeriFreight, a Georgia-based auto shipment broker, settled with the Federal Trade Commission (FTC) over charges that the company posted customer reviews on its website while failing to disclose that it had...more

New Law Favors Uber and Lyft

Addressing the lack of consistent rules governing app-based ridesharing companies like Uber and Lyft, the Tennessee legislature has passed a bill which establishes a uniform law for the companies’ Tennessee operations....more

Justices Spar Over Pre-Emption as High Court Allows State Law Antitrust Claims to Proceed Against Interstate Pipelines

On April 21, 2015, in a 7-2 decision authored by Justice Breyer, the U.S. Supreme Court ruled that state law antitrust claims brought against interstate pipeline companies by a group of manufacturers and other retail buyers...more

Harper Review: Road Pricing - Are We At A Turning Point?

Several recent reports issued in Australia have highlighted the critical economic impact of road congestion in our major cities. One such report, the Final Harper Competition Policy Review Report (Harper Review) released...more

Competition & Regulation Update: Harper Review - Key Recommendations For Port And Rail Infrastructure Operators/Users

The long-awaited Harper Panel's Final Report on Australian competition law and policy has been released. In this update, we highlight the key recommendations of the panel relevant to port and rail infrastructure operators and...more

Australian Competition Law: Update for the Aviation Industry

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. Harper Review creates opportunity for structural...more

Data Privacy and Security Insider

Judge Paul Magnuson, who is presiding over the Target multi-district class action litigation in Minnesota, preliminarily approved the parties’ proposed settlement of the litigation involving the infamous breach affecting up...more

Proceed with Caution: Vehicle to Vehicle Communication Technology

Will the brave new world of automobiles include talking vehicles? According to a plan by the National Highway Traffic Safety Administration (“NHTSA”), the answer is yes. NHTSA has provided advanced notice that it intends to...more

Increasing Antitrust Risk in Non-Reportable Transactions – DOJ Obtains Disgorgement of Profits in Tour Bus Settlement

The U.S. Department of Justice (DOJ) recently reached a settlement with Coach USA Inc. and City Sights LLC, breaking up their joint venture. The DOJ also employed the rarely used remedy of disgorgement to recover $7.5...more

Shipping Executive Pleads Guilty to Ocean-Shipping Price Fixing Conspiracy

On Tuesday, March 10, 2015, an employee of the Japan-based Nippon Yusen Kabushiki Kaisha (NYK) pleaded guilty to a violation of the Sherman Act for conspiring to fix prices and rig bids for international ocean shipping from...more

The Game of Drones: between the Far West and a new European regulation

Unmanned aerial vehicles, better known as drones, are being increasingly used throughout Europe (and elsewhere) in a variety of sectors, from news, documentaries and TV productions to pizza delivery (albeit less frequently!)…...more

Supreme Court Update: NC Board Of Dental Examiners V. FTX (13-534), Direct Marketing Ass'n V. Brohl (13-1032), And Alabama Dep't...

We're bringing you up to speed with summaries of the Court's decisions in NC Board of Dental Examiners v. FTX (13-534), regarding the scope of state action immunity from federal antitrust law; Direct Marketing Ass'n v. Brohl...more

TAXI! Uber and Lyft Sued in Memphis

Adding to a growing number of lawsuits around the country, a Memphis taxi company has filed a class action against Uber and Lyft for unlawfully interfering with its business....more

Australian Competition Law Update For The Aviation Industry

Airlines operating in Australia currently face an unprecedented degree of legal and regulatory change. This shifting landscape presents both opportunities and risks. The below table summaries key competition cases in the...more

Foreign Airlines Move to Dismiss Rate-Fixing Litigation

Last Friday, foreign cargo carriers filed motions to dismiss an air freight price-fixing suit brought by Schenker AG, the logistics division of Germany’s national railway company, Deutsche Bahn, in the Eastern District of New...more

Top Legal Issues Facing Automotive Suppliers in 2015

Foley’s Automotive Industry Team has prepared this overview of the major trends we see affecting automotive suppliers this year. While not all legal risk can be anticipated, companies that are aware of litigation,...more

Four Takeaways from the Ongoing Air Cargo Price-Fixing Litigation

Nippon Cargo Airlines Co. Ltd last week agreed to pay $36.55 million to settle claims that it conspired with other airlines to fix rates for air cargo services in the early 2000s. Two dozen airlines have settled in the...more

U.S. Regulators Face European Competition On UAV

Just as the commercial space and satellite industry in the United States during the 1990s was hurt by export restrictions on its products, the country's commercial unmanned aerial vehicle ("UAV") industry may soon fall behind...more

Derailing an Expert in the Rail Freight Fuel Surcharge Antitrust Litigation: What Every Litigator Needs to Know

The business of buying, selling, investing in, and arbitraging legal claims continues to grow, and carries with it hidden pitfalls. This is particularly the case when a litigation expert has a business relationship with a...more

FTC Comments Favorably on NHTSA’s Proposed Privacy and Security Framework for Vehicle-to-Vehicle Communications

On October 24, 2014, the Federal Trade Commission (“FTC”) issued a press release announcing its endorsement of the privacy and security framework proposed by the National Highway Traffic Safety Administration (“NHTSA”) to...more

Japanese Shipping Company Rolls Over, Pleads Guilty to Price Fixing

On September 26, 2014 Japanese transportation company Kawasaki Kisen Kaisha Ltd. (K-Line) agreed to plead guilty to price fixing, bid rigging and allocating customers for international ocean shipping services for “roll-on,...more

Combating Unfair Competition: The Convergence of China’s Antitrust and Anti-Graft Enforcement Activities

Recent investigations and high profile convictions highlight the ongoing crackdown by China’s authorities against anti-competitive conduct. In their efforts to combat unfair competition, Chinese authorities have used both...more

Last Call for Liner Exemptions in Australia?

The Competition Policy Review Panel (the Panel) has recommended the repeal of the current statutory exemptions for the liner shipping industry, potentially exposing conference agreements to the full rigour of Australia's...more

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