Antitrust Conspiracies

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Takeaways From Government Victories In Recent Antitrust Merger Trials

Recent government victories in the antitrust challenges to the consummated mergers of Bazaarvoice/PowerReviews and St. Luke’s/Saltzer are the latest in a string of trial successes by the Department of Justice (“DOJ”) and the...more

"Antitrust and Competition: Nonmerger Enforcement Activity Heats Up on Both Sides of the Atlantic"

U.S. and European antitrust agencies had similar enforcement priorities last year, a trend we expect to continue in 2014. Nonmerger enforcement will continue to focus on intellectual property, financial services and...more

Top tips for purchasing professionals on spotting possible vendor collusion

This year promises to be another in which corporate purchasing departments work hard to keep costs down while vendors try to increase their margins. In this marketplace tug of war, vendors will occasionally engage in a little...more

Past as Prologue: Rebirth of the Merger Trial and the Bazaarvoice Case

For many years after its implementation, the Hart-Scott-Rodino Antitrust Improvements Act of 1976 seemed to sound the death knell of post-consummation merger trials. By establishing a file-and-wait system rather than the old...more

DOJ Successfully Challenges Non-HSR Reportable Bazaarvoice Merger

On January 8, 2014, the U.S. District Court for the Northern District of California held that Bazaarvoice, Inc.’s $168 million acquisition of PowerReviews violated Section 7 of the Clayton Act. Section 7 prohibits mergers...more

December 2013: Structured Finance/Antitrust Update - Major Banks Face New Antitrust Investigations and Civil Suits

On the heels of the investigations into manipulation of LIBOR and price-fixing in the aluminum markets, the world’s largest banking institutions now face new inquiries from domestic and international antitrust regulators into...more

Patent Trolls, Anti-Trolls, and Antitrust Law Collide in Patent Licensing Dispute

We previously wrote that regulators are considering using antitrust laws to reign in perceived abuses by non-practicing entities or, more familiarly, “patent trolls” – entities that purchase the rights to patents not to...more

US China Trade War Developments –Trade, False Claims Act, Patents, US/Chinese Antitrust And Securities

On December 3, 2013, former Congressman Don Bonker of APCO and I will be speaking in Vancouver, Canada at a breakfast conference held by the American Chamber of Commerce on “The Trans-Pacific Partnership Demystified: A...more

Criminal Agreements In Antitrust Prosecutions: Through A Looking Glass

From a criminal defendant’s perspective, Lewis Carroll’s Alice’s Adventures in Wonderland makes an apt point of reference in assessing the law of conspiracy in criminal antitrust cases....more

Five Important Lessons From The Antitrust Division’s Record Criminal Settlement

In a fitting tribute to the departing Deputy Assistant Attorney General Scott Hammond, the architect of the Antitrust Division’s criminal enforcement plan, the Department of Justice last week announced a record criminal...more

Court Finds No Inference of Conspiracy Arising From Members of Standard Setting Organization Pursuing Self Interest In Refusing To...

The Massachusetts United States District Court granted a Rule 12(b)(6) motion dismissing antitrust claims brought under Section 1 of the Sherman Act by a company that had invented a new technology for testing metallic...more

Second Circuit Rules That Putative Auction Rate Securities Class Action Complaints Failed to Adequately Plead Antitrust Conspiracy

In Mayor and City Council of Baltimore v. Citigroup, Inc., No. 10-0722-cv(L) and 10-0867-cv(CON), 2013 WL 791397 (2d Cir. Mar. 5, 2013), the United States Court of Appeals for the Second Circuit upheld the dismissal of two...more

Business News Digest – February 2013

In this issue: - What You Need to Know About the Proposed Maryland Investment Tax Credit for Cybersecurity - Trade Secret Legislation May Increase Infringement Claims and Lead to a Private Right of Action -...more

DOJ Verdict In Liquid Crystal Display Price Fixing Case Shows Juries Get It

Earlier this week, after an eight week trial, a jury in San Francisco convicted AU Optronics Corporation (“AUO”), a Taiwanese corporation, its U.S. subsidiary, AU Optronics Corporation of America (“AUOA”), and two of their...more

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