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Cartels Manufacturers

BCLP

Learning From the Trucks Cartel Judgment: Mitigation

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The Competition Appeal Tribunal’s judgment in Royal Mail and BT’s claim against DAF Trucks has provided welcome clarity on how the legal test for pass on should be applied. It provides helpful guidance on the factors that a...more

BCLP

CAT uses broad axe to quantify Trucks Overcharge

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In July 2016, the European Commission issued a settlement decision finding that five major truck manufacturers participated in an EEA-wide cartel involving collusion on the prices of medium and heavy trucks and the timing and...more

BCLP

Bound by prior admissions: Court of Appeal upholds the CAT’s abuse of process judgment against Truck Cartelists

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The Court of Appeal has strongly dismissed an appeal against the Competition Appeal Tribunal’s (“CAT’s”) decision that it would be an abuse of process for certain truck manufacturers to seek to challenge the facts recorded in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Investment in Possible Future Generic Marketing Excludes Legitimate Basis for Pharma Settlement, Suggests EU Advocate General

In her opinion issued on June 4, 2020, Advocate General (AG) Juliane Kokott recommended that the European Court of Justice (ECJ) dismiss in its entirety the appeal by Lundbeck A/S and Lundbeck Ltd against the General Court’s...more

McDermott Will & Emery

Cartel Snapshot - June 2019

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The Department of Justice (DOJ) Antitrust Division announced three new investigations and several developments in its other investigations, including new investigations in the commercial flooring industry, online auctions for...more

A&O Shearman

The European Commission Fines Four Consumer Electronics Manufacturers for Fixing Online Resale Prices and Sketches the Contours of...

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The Commission’s decisions of 24 July 2018, fining Philips, Asus, Denon & Marantz and Pioneer for fixing online retail prices, inaugurates a much-awaited wave of verdicts on vertical restrictions, with the noteworthy...more

Jones Day

Chinese Competition Authority Imposes Fines for Price-Fixing Involving Industry Associations

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In Short - The Situation: In early September, three local Chinese chemical manufacturers received penalty notices from China's National Development and Reform Commission ("NDRC") for attending an association conference,...more

BCLP

Higher Regional Court Düsseldorf: manufacturer cannot ban retailer from use of price comparison engines

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In order to protect brand image, the quality of pre-sale service, and the pricing structure of their products, manufacturers undertake a variety of measures to sell products to their retailers. Thus, clauses which prohibit...more

McDermott Will & Emery

The European Court Of Justice Requires The European Commission To Provide Adequate Reasons For Its Requests For Information

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On March 10, 2016, the Court of Justice of the European Union (CJEU) rendered its judgment in the so-called Cement case, (C-247/14 P HeidelbergCement v Commission, C-248/14 P Schwenk Zement v Commission, C-267/14 P Buzzi...more

The Volkov Law Group

Antitrust Update: The Aggressive Global Enforcement Network

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Companies face lots of risks – the soup du jour has been anti-corruption enforcement and compliance. Like any consistent restaurant you might visit regularly, one risk continues to grow, quietly and significantly –...more

Patterson Belknap Webb & Tyler LLP

AU Optronics Files Petition for Certiorari with SCOTUS

AU Optronics Corp. (“AUO”) filed a petition for a writ of certiori in Hui Hsiung, et al. v. United States of America on March 16, 2015, seeking Supreme Court review of the Ninth Circuit’s 2014 decision that upheld the...more

Patterson Belknap Webb & Tyler LLP

In re Capacitors Antitrust Class Action Litigation Survives Motion to Dismiss

Direct and indirect capacitor purchasers who filed class action complaints against an alleged worldwide cartel of capacitor manufacturers have, for the most part, survived a motion to dismiss in the Northern District of...more

McGuireWoods LLP

European Competition Law Newsletter – February 2015

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There has been an important development in one of two UK criminal cartel cases against individuals which are currently being investigated by the Competition and Markets Authority (CMA). ...more

Troutman Pepper

Seventh Circuit Limits Antitrust Actions for Harm Caused to Foreign Affiliates of U.S. Companies

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The Foreign Trade Antitrust Improvements Act (FTAIA), 15 U.S.C. § 6a, was enacted to provide greater clarity on the Sherman Antitrust Act’s reach. However, the FTAIA continues to muddy the waters. In a recent decision from...more

Patterson Belknap Webb & Tyler LLP

Motorola Oral Arguments Today – Will the Seventh Circuit Revise Its Interpretation of the FTAIA, and If so, How?

Today the Seventh Circuit Court of Appeals hears oral argument from the parties and amicus curiae the United States concerning the reach of the Foreign Trade Antitrust Improvements Act (“FTAIA”), 15 U.S.C. § 6a, in Motorola...more

Patterson Belknap Webb & Tyler LLP

DOJ Criminal Cartel Enforcement: Six-Month Summary

This is the first in what we expect to be a series of updates on DOJ criminal actions in the cartel area. Here, we look at highlights over the last six months in the DOJ’s investigations of the auto parts industry, LIBOR, and...more

Patterson Belknap Webb & Tyler LLP

Developments in the Capacitor Cartel Litigation: Class Counsel Appointed and the Antitrust Division Intervenes

In July, we wrote about two putative class action lawsuits alleging that Panasonic, Samsung, and other electronics manufacturers had formed a cartel to boost prices of certain electronic capacitors. Since then, the cases have...more

Foley & Lardner LLP

Protection Against Foreign Anticompetitive Practices Affecting U.S. Activities

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Antitrust laws, like the Sherman Act, protect American markets from anticompetitive practices. But, under the Foreign Trade Antitrust Improvements Act (FTAIA), American antitrust laws only reach foreign conduct in specific...more

K&L Gates LLP

ACCC Takes Enforcement Action Against Manufacturers of Car Parts for Alleged Cartel Conduct

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The latest Australian Competition and Consumer Commission (ACCC) cartel enforcement action involves the institution of civil proceedings in the Federal Court in Adelaide against Japanese company Yazaki Corporation (Yazaki) as...more

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