Price-Fixing

News & Analysis as of

Second Circuit: “C” is for Comity; Price Fixing Judgement Against Chinese Vitamin C Sellers Reversed

Last week, in In re Vitamin C Antitrust Litigation, the US Court of Appeals for the Second Circuit (“Second Circuit”) vacated a $147 million jury award against Chinese vitamin C sellers Hebei Welcome Pharmaceutical Co. and...more

A Sovereign Thumb on the Scale: Appeals Court Defers to China’s Interpretation of Its Own Laws To Dismiss Antitrust Suit

The Second Circuit recently set aside a $147 million verdict against two Chinese companies accused of conspiring to fix the price and supply of vitamin C sold to U.S. buyers. In re Vitamin C Antitrust Litigation. The panel...more

WSGR Persuades Second Circuit to Overturn $150 Million Judgment Against Chinese Vitamin C Manufacturers

On September 20, 2016, the U.S. Court of Appeals for the Second Circuit issued its decision in a closely watched dispute over the question of whether foreign companies may be held liable under U.S. antitrust law for price...more

International Comity and Deference: A Foreign Government with Final Say When Interpreting its Own Laws

On Tuesday, the Second Circuit in In Re Vitamin C Antitrust Litigation vacated a $147 million award against two Chinese companies for engaging in anti-competitive behavior. At issue was how a federal court should respond...more

Mediation Privilege – Federal v. State Law Applicability

Mediation Privilege – Federal v. State Law Applicability In Re: TFT-LCD (Flat Panel) Antitrust Litigation; Sony Electronics, Inc. et al. v. Hannstar Display Corp. U.S. Court of Appeal, Ninth Circuit (September 1, 2016)...more

Supreme Court to Consider Whether Allegations of Adherence to a Business Association’s Rules Can Trigger Antitrust Liability

Can participation in a business or trade association and allegiance to its rules trigger antitrust liability for association members under the Sherman Act? Next term, the Supreme Court will hear Osborn v. Visa Inc., the...more

Limitation: Paying up even when the claimaint was (possibly) out of time

In the recent decision of W.H. Newson Holding Limited and Others v. IMI PLC and Others [2016] EWCA Civ 773, the Court of Appeal clarified an important question concerning the interpretation of section 1(4) of the Civil...more

Questioning 2nd Circ. Analysis in Aluminum Antitrust Case

In a painstaking dissection of the “inextricably intertwined” standard often used by courts to determine whether plaintiffs can show they suffered “antitrust injury” if they neither purchased from, nor competed with, a...more

Your daily dose of financial news - The Brief – 8.26.16

Plaintiffs in the Forex MDL currently in NY federal court argued this week to Judge Lorna Schofield that the 2d Circuit’s recent ruling dismissing some plaintiffs in an aluminium price fixing suit did not apply to rob them of...more

Court of Appeal Rules Competition Act is not a Complete Code, Discoverability Principle Applies

On August 11, 2016, the Ontario Court of Appeal (Court) provided guidance on the limitation period in section 36 of the Competition Act? (Act) and whether the Act removes plaintiffs’ ability to seek damages under common law...more

Second Circuit: Aluminum End Users Lack Antitrust Standing; Price Manipulation Claims Against Traders and Warehouses Foiled

Last week, in In re Aluminum Warehousing Antitrust Litigation, the US Court of Appeals for the Second Circuit (“Second Circuit”) rejected a claim by certain downstream end-users of aluminum that their price manipulation...more

The European Commission Fines Truck Manufacturers a Record €2.93 billion for Cartel Conduct

On 19 July 2016, the European Commission (Commission) imposed fines totaling €2,926,499,000 on four truck producers (39824 – Trucks). The fine is the highest ever imposed on members of a cartel by the EU competition...more

[Webinar] Developments in the LIBOR antitrust MDL case - August 23rd, 12:30pm CST

You’re invited to join Stacey Slaughter (Partner) and Geoffrey Kozen (Associate), members of the Robins Kaplan LLP Business and Litigation group for a live webinar. Stacey and Geoffrey will provide and track basic information...more

Choice-of-Law Rules Prevent Costco from Suing as Indirect Purchaser in California

In another development in the ongoing cathode ray tube (CRT) multidistrict litigation, Judge Tigar of the Northern District of California ruled that Costco could not recover any damages it sustained as an indirect purchaser...more

What Have Merchants Gained from Payment Card Antitrust Litigation?

In recent years, federal antitrust enforcers and businesses that accept payment cards have been waging a slow war against payment card fees and the card network rules that protect them. The payment card industry’s antitrust...more

ITC Puts 337 Case on Imports of Steel on Hold

On April 26, the United States Steel Corporation (U.S. Steel) filed a complaint with the International Trade Commission (ITC) alleging that certain unfair trade practices relating to the import of steel carbon and alloy steel...more

August Antitrust Bulletin

Activist Investor Settles DOJ Premerger Notification Case for Record $11 Million - On July 12, 2016, the U.S. Department of Justice (DOJ) announced that it had reached a settlement in its landmark lawsuit against...more

Getting Your Arms Around Antitrust Compliance (Part II of II)

Anti-corruption compliance programs are the rage now – is that a young person’s expression? Antitrust has been a forgotten stepchild, partly because of DOJ’s unwillingness to credit companies that maintain effective...more

ITC Section 337 Update – August 2016

DeLorme Seeks Certiorari Review Of Consent Order Penalty Based On Expired Patent — On July 13, 2016, DBN Holding, Inc. and BDN LLC (“DeLorme”) filed a petition for writ of certiorari to review a judgment of the United States...more

The Often Ignored Importance of Antitrust Compliance (Part I of II)

If you ask any Chief Compliance Officer whether their compliance program includes antitrust laws, they will respond quickly and tell you – “Of course we do.” If you follow up you initial question and ask how do you ensure...more

Network Rules Occupy Second Circuit, U.S. Supreme Court

Issues surrounding network rules made headlines recently, with the Second Circuit Court of Appeals rejecting a $7.25 billion deal between Visa and MasterCard and approximately 12 million merchants claiming the networks worked...more

EU Retail News - July 2016

BREXIT – THE NEXT STEPS - Despite the UK’s vote to leave the European Union, companies doing business in the UK can still continue to trade with the European Union in exactly the same way as they have done in the past –...more

Procompetitive Effects of Business Associations in the Balance?: Business Association Membership and the Sufficiency of Sherman...

What facts beyond mere membership in a trade association trigger Sherman Act liability? Next term, the Supreme Court will hear an antitrust case testing the requirements for pleading the conspiracy element of a claim brought...more

July Antitrust Bulletin

FTC Raises Civil Penalty Maximums - On June 29, 2016, the Federal Trade Commission (FTC) adjusted the maximum civil penalties for violations of 16 provisions, including the premerger filing notification violation...more

Expert Analysis Guides Decision to Certify Class of Automotive Part Purchasers

Certifying a class of direct purchasers of sheet metal parts alleging claims under section 1 of the Sherman Act, Judge Lynn Adelman of the United States District Court for the Eastern District of Wisconsin focused on what it...more

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