Price-Fixing

News & Analysis as of

Rejection of the Antitrust Division's Position on the Running of the Statute of Limitations until the Last Payment

The Antitrust Division of the Department of Justice claims the statute of limitations for a criminal antitrust violation does not begin to run until the last payment is collected by a conspirator on a sale that was the...more

Enforcement Provides Important Update for Auto Industry

For the last several years, the global auto industry has been rocked by unprecedented investigations and prosecution. Numerous international cartels, involving scores of companies and individuals, have engaged in...more

Second Circuit Continues the Ebook Saga by Affirming Apple’s Role in an Unlawful Price Fixing Conspiracy

On June 30, 2015, the same day as the launch of Apple’s new streaming music service, the Second Circuit Court of Appeals coincidentally affirmed a district court ruling that Apple conspired with five of the country’s largest...more

Standing in the antitrust firing line - Regulators investigating antitrust cases are reaching across borders, and fines are on the...

Regulators investigating antitrust cases are working across borders and are getting tougher on transgressors. Corporates at risk need to be more prepared than ever. In 2000, a cartel of companies producing the animal...more

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - July 2015

This edition of the Cozen O’Connor Aviation Regulatory Update includes an update on the Department of Justice’s initiation of an antitrust investigation of alleged pricing and capacity collusion among the major U.S. airlines,...more

Second Circuit Affirms Ruling Against Apple in E-book Price-Fixing Case

We have previously posted about United States v. Apple, Inc., a blockbuster trial that ended with Judge Denise Cote of the Southern District of New York concluding that Apple had conspired with five publishing companies to...more

Second Circuit Affirms District Court Ruling Against Apple in E-Books Price-Fixing Suit, Creating Potential Circuit Split

On June 30, 2015, in a 2-to-1 ruling, the Second Circuit affirmed the district court's judgment in United States v. Apple, Inc. that Apple and five of the largest book publishers in the U.S. entered into a per se illegal...more

Clarity Put on Hold as FTAIA Conflict/Confusion Continues

The Foreign Trade Antitrust Improvements Act (FTAIA) was enacted in 1982 to help achieve clarity in the application of U.S antitrust laws to international trade. More than 30 years since that effort, the FTAIA has not...more

Philippine Competition Act: first foray into antitrust legislation – key points

The Philippine Congress has passed, and President Benigno Aquino III is expected to sign into law, the Philippine Competition Act. The law, which aims to safeguard fair and competitive market conditions, marks the nation’s...more

Collusion Course: The Limits of Hot Documents

Discovery in antitrust cases often involves a search for smoking-gun documents. Those documents can consist of emails proving that competitors conspired to raise prices, removing the difficulties faced by prosecutors or civil...more

Supreme Court Denies Review Regarding Question of the Reach of the Antitrust Laws to Foreign Price-Fixing Agreements

In response to petitions presented to the United States Supreme Court for review of two rulings by the Ninth and Seventh Circuit Courts of Appeals, the United States Supreme Court denied cert earlier this week regarding the...more

Antitrust Update: The Aggressive Global Enforcement Network

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

Supreme Court Surprises the Antitrust World with Denial of Cert in Motorola and AU Optronics

Today the United States Supreme Court denied certiorari in two cases, Motorola Mobility LLC v. AU Optronics et al. and Hsiung and AU Optronics Corp. America Inc. v. United States, declining to resolve a closely watched...more

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

Guide To Doing Business in Australia: Competition and Consumer Protection (Updated)

COMPETITION AND CONSUMER PROTECTION - Australia has extensive competition and consumer laws dealing with, among other things, the promotion of competition and consumer protection. This section provides an introduction to...more

Shipping Executive Acquitted of Antitrust Charge

On May 8, 2015, a jury in Puerto Rico acquitted Thomas Farmer (Farmer), the former vice president of price and yield management for Crowley Liner Services, Inc., of conspiring to suppress and eliminate competition in...more

Crowley Executive Acquittal in Price Fixing Trial Highlights Importance of Evaluating Legitimate Defenses and Avoiding Costly Plea...

A federal jury’s recent acquittal of a shipping company executive charged with price fixing highlights the challenges and uncertainties the Antitrust Division of the Department of Justice (“DOJ”) faces when defendants force...more

Six-Month DOJ Criminal Cartel Summary, Part I: Auto Parts

Today we bring you the first part of our second biennial update on DOJ criminal actions in the cartel area. This has been a busy six months for the Antitrust Division, so we are breaking this update up into installments. ...more

DOJ Sets its Sights on Antitrust Violations in the E-Commerce Marketplace

The Antitrust Division of the U.S. Department of Justice (Antitrust Division) continues to intensify and expand criminal enforcement of the antitrust laws. The results speak for themselves. In fiscal year 2014, the Antitrust...more

U.S. Supreme Court Lets Natural Gas Act Preemption Seep Away

In Oneok, Inc. v. Learjet, Inc., No. 13-271 (April 21, 2015), the U.S. Supreme Court held in a 7-2 opinion that state law antitrust claims against defendant natural gas pipeline companies did not fall within the field of...more

Beware – Price Fixing by Algorithms

So, you’ve designed a great looking poster. Posters are sold all over Twitter and other social media sites, and now you’ve been lucky enough to land a space in Amazon Marketplace. You’re not the only one selling posters, of...more

Can Computers Conspire to Fix Prices?

Strange as it sounds, maybe we’re getting closer to the day we have to seriously consider liability for computer conspiracies. On April 6, David Topkins, a former executive of an e-commerce seller of posters, prints and...more

Supreme Court Finds No Pre-emption in Natural Gas Act Case

The U.S. Supreme Court recently held in ONEOK Inc. v. Learjet, Inc., that the Natural Gas Act (NGA) does not pre-empt state-law antitrust suits over manipulation of natural gas indices. The court’s decision has important...more

Antitrust & Competition Newsletter - April 2015

U.S. Supreme Court Holds That State Action Immunity Does Not Apply to State Boards If the Board Is Controlled by Active Market Participants - On Feb. 25, 2015, the U.S. Supreme Court held, in a 6-3 decision, that a state...more

Supreme Court’s Holding in Oneok v. Learjet Could Lead to New Risks for Market Participants

On April 21, 2015, the Supreme Court decided Oneok v. Learjet, holding that “Respondents’ state-law antitrust claims are not within the field of matters pre-empted by the Natural Gas Act” even though the claimed violations...more

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