Price-Fixing

More Evidence that California May No Longer Follow the Per Se Rule in Vertical Pricing Fixing Cases

by Howard Ullman on 5/9/2013

In Kaewsawang v. Sara Lee Fresh, Inc., Case No. BC360109 (Cal. Los Angeles Superior Ct. May 6, 2013), the trial court dismissed a challenge to Sara Lee’s pricing practices brought under California’s state antitrust law, the...more

Criminal Antitrust Update - April 2013

by Andrew Friedman, Hannibal G. Williams II Kemerer | Patton Boggs LLP on 5/6/2013

INDUSTRY SCORECARD - E-books: Macmillan has become the latest and final major e-book publisher to resolve price-fixing allegations by the DOJ Antitrust Division (the “Division”)...more

Where (and What) Is the Harm?

by Bill Devinney | BakerHostetler on 5/3/2013

The recent LIBOR suppression scandal has given rise to numerous lawsuits, both individual and putative class actions based on several theories of recovery, that have been consolidated in the Southern District of New York....more

Price Fixing and Leveraging Concerns Alleviated by Promoted Efficiencies: More FTC Guidance on Clinical Integration

by E. John Steren | Ober|Kaler on 4/24/2013

The Federal Trade Commission (FTC) has provided additional guidance, and comfort, to physicians seeking to clinically integrate for the purpose of, among other things, jointly negotiating payor contracts. This additional...more

China's Export Policy Changes After U.S. Antitrust Case [Video]

by Bloomberg Law on 4/23/2013

April 23 (Bloomberg) -- William Isaacson, partner at Boies, Schiller & Flexner LLP, talks with Bloomberg Law's Spencer Mazyck about his eight-year antitrust crusade against several Chinese Vitamin C makers, which resulted in...more

"Federal Trade Commission Settles Illegal Information Exchange Allegations With Bosley, Inc."

by Ian John, Karen Hoffman Lent, Sharis Pozen, Neal Stoll | Skadden, Arps, Slate, Meagher & Flom LLP on 4/9/2013

On April 8, 2013, the Federal Trade Commission (FTC) announced a proposed settlement with hair restoration company Bosley, Inc. to resolve allegations that Bosley illegally exchanged competitively sensitive, nonpublic...more

Distribution in China – Legal Issues

by John Huang, Frank Schoneveld, Winston Zhao | McDermott Will & Emery on 4/4/2013

McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for...more

Consumer Products Settlements Containing Cy Pres Distributions Receiving Increased Scrutiny

by Nicole Skolout | BakerHostetler on 3/27/2013

In a recent decision, In re Baby Products Antitrust Litigation, 2013 U.S. App. LEXIS 3379 (3d Cir. Feb. 19, 2013), the Third Circuit vacated the district court’s order approving a $35.5 million class action settlement which...more

U.S. Jury Finds Chinese Companies Liable for Price-Fixing, Fined $162 Million

by Christopher Nedeau, Natasha Saggar Sheth | Nossaman LLP on 3/25/2013

In a first-ever verdict, a U.S. jury last week found two Chinese companies liable for conspiring to fix the global prices charged for Vitamin C, resulting in a damages award of a whopping $162 million. ...more

Commentary on the new UAE Competition Law (Federal Law No. (4) of 2012)

by Arash Amai, Kayaan Unwalla | Reed Smith on 3/18/2013

Introduction - The UAE’s first antitrust/competition legislation recently came into effect on 23 February 2013. Federal Law No. (4) of 2012 (Law), primarily regulated by the Ministry of Economy, aim to prohibit and...more

Three Steelmakers Raided in Antitrust Investigation

by Brandi Walkowiak | Foley & Lardner LLP on 3/8/2013

On February 28, 2013, Germany’s Federal Cartel Office (“GFCO”) searched the offices of three steelmakers as part of an antitrust investigation into steel supplies to the automotive industry. Specifically, GFCO raided the...more

DOJ Warns of Widening Probe in Automotive Industry

by Robert Murkowski, Larry Saylor | Miller Canfield on 3/7/2013

The Department of Justice's Antitrust Division warns that its wide-ranging probe into price fixing in the automotive industry is broader than previously announced. On February 15, 2013, Scott Hammond, Deputy Assistant...more

Through a Glass Darkly: A U Optronics and the Extraterritorial Application of the Sherman Act

by Mark Cohen, Scott Thomson | Cohen & Gresser LLP on 3/5/2013

Can price-fixing abroad be prosecuted criminally under the U.S. Sherman Act? The antitrust bar might well raise an eyebrow at the question. Since international cartels became a focus of the Department of Justice’s Antitrust...more

When Will They Learn? Doctors Continue to Face Antitrust Charges for Jointly Negotiating Contracts without Clinical or Financial...

by Jonathan Lewis | BakerHostetler on 2/25/2013

Legitimate joint marketing and selling arrangements have the potential to produce efficiencies. This is particularly so, for example, where the arrangement enables the participants to make or market products that they could...more

Ninth Circuit Clarifies Extraterritorial Reach of California Antitrust Laws

by Robert G. Kidwell, Evan Nadel, Harvey Saferstein | Mintz Levin - Antitrust on 2/25/2013

In AT&T Mobility LLC v. AU Optronics Corp., Ninth Circuit Case No. 11-16188 (Feb. 14, 2013), the Ninth Circuit held that California’s antitrust law, the Cartwright Act, could apply to a price fixing conspiracy of LCD panels...more

$300 Million Dairy Settlement Will Bring Reform, Lawyer Says [Video]

by Bloomberg Law on 2/19/2013

Feb. 19 (Bloomberg) -- Robert Abrams, Chair of the Antitrust Group at Baker & Hostetler LLP, talks about his representation of a certified class of southeastern dairy farmers in the recently announced $158.6 million...more

Ticking Time Bomb: Private LIBOR Litigation

by Michael Volkov on 2/13/2013

One by one global banks are being ensnared in the LIBOR prosecution net. Late last year UBS, the Swiss banking giant, entered into a massive settlement in which it agreed to pay approximately $1.5 billion in fines and...more

Managing Association Joint Purchasing Programs without Violating the Antitrust Laws: Lessons from a DOJ Business Review Letter

by Andrew Bigart, Lisa Jose Fales, Jeffrey S. Tenenbaum | Venable LLP on 2/11/2013

Trade and professional associations (“associations”) frequently sponsor joint purchasing arrangements on behalf of their members. These programs offer numerous potential benefits, including centralized ordering, volume...more

Antitrust and Competition Newsletter - February 2013

by Orrick, Herrington & Sutcliffe LLP on 2/8/2013

In This Issue: - A Modern Look at the Nine ‘No-Nos’ of Patent Licensing Under U.S. Antitrust Law: The First Four ‘No-Nos’ - Supreme Court Grants Cert. in Watson Reverse Payment Settlement Case - 7th Circuit...more

REGULATORY - Competition Law/Russia: Russia Gives Go-Ahead to Rosneft’s Acquisition of TNK-BP

by King & Spalding on 2/6/2013

The Russian Federal Antimonopoly Service (“FAS”) has cleared Rosneft’s US$ 55 billion acquisition of TNK-BP, subject to divestments and conduct remedies. The deal will reduce the number of major oil companies in Russia from...more

Another Court Holds Daubert Analysis Required When Critical to Class Certification

by Joseph Langkamer, Theresa Loscalzo | Schnader Harrison Segal & Lewis LLP on 1/31/2013

With a split among the Circuits, no authoritative decision from the Third Circuit, and certiorari already granted by the U.S. Supreme Court on the issue, another district court has concluded that a thorough Daubert analysis...more

Antitrust Law: 2012 Highlights

by Sean Duffy, Jonathan M. Rich | Morgan Lewis on 1/30/2013

In 2012, the Antitrust Division (Division) of the U.S. Department of Justice won several significant convictions, both at trial and through guilty pleas, while the merger enforcement efforts of the Division and the Federal...more

When Will They Learn? Doctors Continue to Face Antitrust Charges for Jointly Negotiating Contracts without Clinical or Financial...

by Jonathan Lewis | BakerHostetler on 1/29/2013

Legitimate joint marketing and selling arrangements have the potential to produce efficiencies. This is particularly so, for example, where the arrangement enables the participants to make or market products that they could...more

Indirect-Purchaser Exceptions To Illinois Brick Continue

by Patrick Clayton, Christopher Micheletti | Zelle Hofmann Voelbel & Mason LLP on 1/28/2013

Originally published in Competition Law360 on January 25, 2013. Consumers seeking to recover for economic harm caused by anti-competitive conduct often run headlong into the so-called Illinois Brick wall: Antitrust...more

Burn Before Reading: Hot Documents and Antitrust Claims

by Lee Simowitz | BakerHostetler on 1/23/2013

Antitrust law and economics seem like dark arts to outsiders, an impression that antitrust lawyers are none too eager to dispel....more

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More Evidence that California May No Longer Follow the Per Se Rule in Vertical Pricing Fixing Cases

Criminal Antitrust Update - April 2013

Where (and What) Is the Harm?

Price Fixing and Leveraging Concerns Alleviated by Promoted Efficiencies: More FTC Guidance on Clinical Integration

China's Export Policy Changes After U.S. Antitrust Case [Video]

"Federal Trade Commission Settles Illegal Information Exchange Allegations With Bosley, Inc."

Distribution in China – Legal Issues

Consumer Products Settlements Containing Cy Pres Distributions Receiving Increased Scrutiny

U.S. Jury Finds Chinese Companies Liable for Price-Fixing, Fined $162 Million

Commentary on the new UAE Competition Law (Federal Law No. (4) of 2012)

Three Steelmakers Raided in Antitrust Investigation

DOJ Warns of Widening Probe in Automotive Industry

Through a Glass Darkly: A U Optronics and the Extraterritorial Application of the Sherman Act

When Will They Learn? Doctors Continue to Face Antitrust Charges for Jointly Negotiating Contracts without Clinical or Financial...

Ninth Circuit Clarifies Extraterritorial Reach of California Antitrust Laws

$300 Million Dairy Settlement Will Bring Reform, Lawyer Says [Video]

Ticking Time Bomb: Private LIBOR Litigation

Managing Association Joint Purchasing Programs without Violating the Antitrust Laws: Lessons from a DOJ Business Review Letter

Antitrust and Competition Newsletter - February 2013

REGULATORY - Competition Law/Russia: Russia Gives Go-Ahead to Rosneft’s Acquisition of TNK-BP

Another Court Holds Daubert Analysis Required When Critical to Class Certification

Antitrust Law: 2012 Highlights

When Will They Learn? Doctors Continue to Face Antitrust Charges for Jointly Negotiating Contracts without Clinical or Financial...

Indirect-Purchaser Exceptions To Illinois Brick Continue

Burn Before Reading: Hot Documents and Antitrust Claims

China's Export Policy Changes After U.S. Antitrust Case [Video]

$300 Million Dairy Settlement Will Bring Reform, Lawyer Says [Video]

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