News & Analysis as of

Price-Fixing

Eleventh Circuit Reinstates Auto Body Shops’ Antitrust Claims Against Insurers

In a 2-1 decision issued on September 7, 2017, the Eleventh Circuit reversed a district court decision dismissing antirust claims brought by auto body shops against a group of car insurance companies in the In re Auto Body...more

THE LATEST: DOJ’s Packaged Seafood Probe Yields Conditional Leniency Applicant

by McDermott Will & Emery on

On Monday, September 11, Tri-Union Seafoods LLC, the US subsidiary of Thai Union Group, announced it blew the whistle on competitors in the US Department of Justice’s (DOJ) investigation of the packaged seafood industry. The...more

Developments in Association Law, 2016 – 2017

There have been important legal developments at the federal and state levels for nonprofit organizations. - Takeaways - Nonprofits continue to experience Federal government and private litigant antitrust enforcement....more

Warning from the U.S. Antitrust Agencies: Remain Compliant with Antitrust Laws During Post-Hurricane Harvey and Irma Relief...

by K&L Gates LLP on

On September 12, 2017, the Department of Justice Antitrust Division and the Federal Trade Commission (collectively, the “Agencies”) released antitrust guidance for post-hurricane relief efforts in the aftermath of Hurricanes...more

Washington State AG Alleges Price Fixing and Sues to Break Up Rapidly Expanding Health System

by Mintz Levin on

After five years of growth through a series of acquisitions, the Washington State Attorney General’s office filed a lawsuit to thwart and unwind the most recent expansion efforts of Franciscan Health System (“CHI Franciscan”)...more

How Low Can the Certification Bar Go in British Columbia?

by Bennett Jones LLP on

British Columbia has been known as a haven for class actions in Canada. The bar for certification was set very low and British Columbia is regarded as being the most plaintiff-friendly province for class actions in Canada. On...more

Statutes Protect Customers From Systemic Price Gouging

With the headlines dominated by hurricanes Harvey and Irma, it will be important for companies to make sure that they don’t join the negative headlines with reports about systemic price gouging. Many states have enacted...more

Joint FTC / DOJ Guidance: Hurricanes Harvey and Irma

by McDermott Will & Emery on

Businesses and individuals in Texas, Florida, the Southeast, Puerto Rico and the Virgin Islands are preparing for a massive recovery and reconstruction effort in the wake of Hurricanes Harvey and Irma. The Antitrust Division...more

UK Competition Authority warns Creative Sector about Price Fixing and Information Sharing

by Bryan Cave on

On 12th September 2017 the UK competition authority, the Competition and Markets Authority (“CMA”) sent an open letter to businesses in the creative industries sector warning them about price fixing and information sharing,...more

Gig Employers, Arbitration Agreements, and the Power of the “Click”

by Fisher Phillips on

How important is your businesses’ terms of service (TOS) agreement, usually presented to users of your business model through a process requiring them to click “I agree” before they can access your platform? A recent case...more

The State AG Report Weekly Update

by Cozen O'Connor on

Antitrust- Washington Attorney General Files Antitrust Lawsuit Against Health Care Providers Over Alleged Price-Fixing- Washington AG Bob Ferguson filed a lawsuit against health care providers Franciscan Health System...more

Second Circuit Scraps District Court’s Denial of Uber’s Motion to Compel Arbitration

On August 17, 2017, the Second Circuit Court of Appeals vacated a district court’s denial of Uber’s and Mr. Travis Kalanick’s motions to compel arbitration in a case involving price-fixing accusations. In Meyer v. Kalanick,...more

Uber Customer Arbitration Agreement Enforceable Under California Law, Says Second Circuit

by Carlton Fields on

The Second Circuit has found that Spencer Meyer, a customer of Uber, was provided “reasonably conspicuous” notice of Uber’s Terms of Service to which he “unambiguously manifested assent” when he created an Uber account, such...more

Food & Beverage Litigation Update | September 2017

Shook Partners Lindsey Heinz and Katie Gates Calderon, with Associate Hillary Nicholas, have authored an article for Law360 discussing regulations related to the use of photography during a U.S. Food and Drug Administration...more

European Commission Announces Antitrust Investigation of Irish Auto Insurance Industry

by Baker Donelson on

In early July, the European Commission's Competition Unit confirmed that it had carried out unannounced inspections (often referred to as "dawn raids") at the headquarters of several Irish auto insurers and brokers. The EC...more

E-Commerce Company Custom Wristbands Admits to Price-Fixing

The Department of Justice Antitrust Division recently announced that California-based Custom Wristbands Inc. (d/b/a Kulayful Silicone Bracelets, Kulayful.com, Speedywristbands.com, Promotionalbands.com,...more

The World In U.S. Courts - Summer 2017

Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co., US Supreme Court, May 1, 2007 - Plaintiff Helmerich & Payne (H&P), a supplier of drilling equipment, sued Venezuela to obtain compensation...more

Judge Donato Rejects Corporate Pleas in Capacitor Cases

U.S. District Court Judge James Donato, of the Northern District of California, caught the attention of criminal antitrust litigators over the last several months with his refusal to accept the guilty pleas of three...more

The Eighth Circuit Reignites Claims of Continuing Conduct in Propane Tank Conspiracy

A split Eighth Circuit recently reversed a prior panel ruling and reignited antitrust claims against distributors of pre-filled propane tanks. The 5-4 majority cited the 1997 Supreme Court decision Klehr v. A.O. Smith Corp....more

DOJ Obtains Price-Fixing Guilty Plea

by Jones Day on

Texas-based e-commerce company Zaappaaz, Inc.—doing business as WB Promotions, Inc., Wrist-Band.com, and Customlanyard.net—and its president both agreed to plead guilty to conspiring to fix prices for customized promotional...more

DOJ Slaps Wristband Maker With Price-Fixing Fine

by Faegre Baker Daniels on

The U.S. Department of Justice recently announced that Zaappaaz Inc., a Texas-based online retailer of customizable promotional products, and the company’s president, Azim Makanojiya, have agreed to plead guilty to conspiring...more

THE LATEST: Online Retailer Pleads Guilty in Conspiracy Effectuated Through Social Media

by McDermott Will & Emery on

Azim Makanojiya founded Zaappaaz Inc. as a nineteen-year-old university student and quickly turned it into a multi-million dollar business....more

DOJ Antitrust Corporate Dispositions May Protect Some Culpable Employees

by Jones Day on

Most companies under criminal investigation by the Antitrust Division, U.S. Department of Justice ("DOJ") eventually resolve their liability with the government short of going to trial, either by entering into a corporate...more

Resale Price Maintenance: What Happened To Leegin Ten Years Later?

by Mulcahy LLP on

After four decades, Continental T.V., Inc. v. GTE Sylvania’s rational efficiency explanation for vertical restraints is a well-entrenched paradigm for analyzing both price and non-price distributional restraints. In 2007,...more

LIBOR Criminal Convictions Reversed – The Perils of Global Enforcement

by Michael Volkov on

The growth of global enforcement systems raises important policy issues and risks for enforcement authorities. In an interesting case, US v. Allen and Conti, the Second Circuit Court of Appeals reversed criminal convictions...more

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