News & Analysis as of

Price-Fixing

Alarmist Algorithms: Why Pricing Bots Won’t Be the End of Society

by Kelley Drye & Warren LLP on

Federal Trade Commission Acting Chairman Ohlhausen and Commissioner McSweeny recently gave two very different speeches on algorithmic pricing. Commissioner McSweeny’s speech seemed to express concern that algorithms would...more

THE LATEST: DOJ Price-Fixing Probe Demonstrates That Deal Risk Is Not the Only Antitrust Concern Merging Parties Should Keep in...

by McDermott Will & Emery on

Bumble Bee Foods, and two of its senior vice presidents, have recently pled guilty to US Department of Justice (DOJ) charges that they engaged in a conspiracy to fix prices of shelf-stable tuna fish sold in the United States...more

ITC Section 337 Update – May 2017

by King & Spalding on

Commission Holds Hearing On Antitrust Injury In Certain Carbon And Alloy Steel Products, Inv. No. 337-TA-1002 – The U.S. International Trade Commission (“the Commission”) held a rare hearing on the Administrative Law Judge’s...more

Individual Accountability Likely to Continue for Cartel Enforcement

by McDermott Will & Emery on

To date, the US Department of Justice Antitrust Division (DOJ) has obtained six corporate guilty pleas, three individual indictments and one individual guilty plea in its long-running investigation into price fixing of...more

Bond Fraud Trial Shows Need to Scrutinize Municipal Revenue Generation

Ramapo, N.Y., Town Supervisor Christopher St. Lawrence is in the middle of a multi-week trial on two dozen securities fraud charges stemming from municipal bond issuances and accounting practices in Ramapo, a Rockland County...more

5 Measures International Auto Companies Can Take to Avoid Being Named in an ITC Complaint

by Foley & Lardner LLP on

The Automotive Industry is international. That’s no secret. It crosses continents in its industry shows and its proud place in furious pop-culture films. More practically, many companies that operate within the industry have...more

Section 337 and the New Trump Administration: Your Top Ten Questions Answered

by Foley & Lardner LLP on

As shown by the recent announcement by the Trump Administration of a Section 232(b) national security review of steel imports, (a type of investigation that has not been used since 2001), there are a number of ways in which...more

Significant Developments in Recent Competition Litigation

In three decisions released at the end of April 2017, Superior Court of Québec, Ontario Divisional Court and Federal Court judges addressed a number of important issues for businesses, including unreasonable delay in...more

No Use Crying Over Settled Claims?: Second Circuit Affirms Approval of Dairy Farmers’ Settlement

This week, the Second Circuit affirmed the approval of a $50 million agreement settling price-fixing claims brought by a class of farmers against a dairy cooperative and a dairy marketing company. The settlement in Allen et...more

DOJ’s Antitrust Fashion Show - Awaiting a price-fixing investigation in the U.S. modeling industry?

As the United Kingdom’s Competition and Markets Authority (CMA), Italy’s Autorità Garante della Concorrenza e del Mercato and France’s Autorité de la Concurrence are wrapping up their prosecutions of Europe’s top modeling...more

Federation Council adopts draft law on differentiating fines for anticompetitive agreements and concerted practices

by Dentons on

On 12 April 2017 the Federation Council of the RF Federal Assembly adopted the draft Federal Law No. 52643-7 on Amendments to the Russian Federation Code on Administrative Offenses (the "Draft Law"). The Draft Law is expected...more

What Would an Illegal Price Fixing Bot Look Like? Sending Price Fixing Robots to Price Fixer Robot Jail

by Kelley Drye & Warren LLP on

A few weeks ago, we looked at price setting bots and whether what they were doing could constitute a violation of the Sherman Act. Generally, we concluded that a bot that set price off a competitor’s publicly available prices...more

THE LATEST: Acting AAG Clarifies Scope of Amnesty for Executives

by McDermott Will & Emery on

The US Department of Justice (DOJ) Antitrust Division (the Division) offers leniency to the first company to contact the Division and acknowledge participation in an antitrust conspiracy such as price-fixing, bid-rigging or...more

Seattle’s Attempt to Unionize On-Demand Economy Dealt First Blow

by Fisher Phillips on

Not two weeks ago, we discussed several active court cases seeking to challenge the City of Seattle’s first-of-its-kind ordinance aimed at unionizing ride-sharing drivers, pointing out that the battle was about to reach a...more

THE LATEST: Antitrust Umps Throw Out Information Exchanges Relating To LA Dodgers Broadcast Rights

by McDermott Will & Emery on

The Department of Justice (DOJ) reinforces the perils of competitor information exchanges by challenging alleged communications between DirecTV and other video programmers related to broadcast rights for Los Angeles (LA)...more

“Horizontal Shareholding:” Is Oligopoly Pricing a Symptom or the Disease?

by Foley & Lardner LLP on

In 2008, the U.S. Department of Justice’s Antitrust Division (“DOJ”) let Delta Air Lines merge with Northwest Airlines. Two years later, in 2010, the DOJ cleared United Airlines’ acquisition of Continental Airlines, after the...more

EU Competition Newsletter - March 2017

by Bryan Cave on

What Future for EU Public Procurement Law in the UK After Brexit? Those aficionados of the silver screen will remember comedians Laurel and Hardy and in particular their catchphrase 'Well here's another nice mess you've...more

DOJ Raids Maritime Industry Meeting and Serves CEOs with Subpoenas

Media outlets have reported that the U.S. Department of Justice raided the maritime industry’s “Box Club” meeting, which is more formally known as the meeting of the International Council of Containership Operators. Box Club...more

Uber Steers for Mandatory Arbitration

by Robins Kaplan LLP on

After its bid to compel arbitration stalled in the district court, Uber is gearing up to argue before the Second Circuit that its users waive their right to a jury trial when they sign up for its app. The defendants in...more

DOJ and SDNY US Attorney’s Office Indict Three Dealers in Foreign Currency Exchange Spot Market Conspiracy Case

by McDermott Will & Emery on

A grand jury has indicted three foreign currency exchange spot market dealers for alleged violations of the Sherman Act, 15 U.S.C. § 1, in a case brought jointly by the DOJ’s Antitrust Division and the US Attorney’s Office...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

News emerged in past weeks that North Korean hackers were likely behind the theft of $81 million from the central bank of Bangladesh. You can add to that an attack on more than 20 Polish banks and an attempt at other...more

Fight Over Seattle’s Attempt To Unionize On-Demand Economy Reaches Critical Point

by Fisher Phillips on

If the City of Seattle has its way, your next ride-sharing driver could be part of a first-of-its-kind union. And if on-demand economy companies have their way, the courts will block any such unionization efforts before they...more

Price Setting Bots Aren’t Price Fixing Bots, and Airline Tariff Publishing is Wrong

by Kelley Drye & Warren LLP on

On Thursday, March 16, 2017, in a speech at the Bundeskartellamt’s 18th Conference on Competition, European Commissioner for Competition, Margrethe Vestager, discussed the specter of automated price fixing cartels. She...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Uber’s board is sticking with the devil it knows. And that means that CEO Travis Kalanick’s safe where he is, despite a few pretty awful months for the ride-hailing company and promises to change the company culture....more

The Court of Justice of the European Union (CJEU) Confirms the Commission’s Approach to Hybrid Settlements

by McDermott Will & Emery on

The case follows on from the Commission’s Animal Feed Phosphates cartel decision pursuant to which fines totalling €176 million were imposed on a number of producers of animal feed for price fixing and market sharing...more

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