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Antitrust and Competition Newsletter - December 2014 (Global)

For this month’s Top Stories, we are republishing two very recent Orrick Client Alerts that address an important U.S. appellate decision regarding the extraterritorial application of U.S. antitrust laws and the first U.S....more

District Court Allows Monopolization Claims to Move Forward on Allegations of Direct Evidence of Monopoly Power

Traditionally, plaintiffs asserting claims under Sections 1 and 2 of the Sherman Act allege the existence of one or more product markets relevant to the defendants’ anticompetitive conduct and the defendants’ shares of those...more

Conspiracy? Ohio Federal Court Says No; Holds That Health System Joint Venture Is a Single Entity Incapable of Conspiring in...

When competing health care providers affiliate by contract, rather than by merger or acquisition, they often face the challenge of structuring their joint activities to avoid liability under § 1 of the Sherman Act, which...more

The Employees Strike Back: High Tech & Hollywood Caught Red Handed in Wage-Fixing Class Actions

When you think of a monopoly you probably think of Rich Uncle Pennybags or oil tycoon John D. Rockefeller, but maybe you should think of Princess Elsa from Frozen or the iPhone 6 instead. The largest Hollywood animation...more

Best in Law: What Businesses Need to Know on Antitrust Law

There is a saying among antitrust lawyers: Don’t say you “won” an antitrust lawsuit — just by being in one means you lost. Business litigation is almost always expensive and challenging. Antitrust litigation can be several...more

International Cartel Sales to Global Supply Chains Raise U.S. Antitrust Issues

In a widely awaited opinion, the Seventh U.S. Circuit Court of Appeals in Chicago has issued an opinion which affects the scope of government enforcement actions and which purchasers may pursue private civil treble damage...more

Supplier Beware of California’s Equipment Dealers Act Before Deciding on Termination of Dealers

Modern antitrust law has made it increasingly difficult for unilateral terminations of vertical relationships between suppliers and distributors or dealers to be attacked through the use of federal and state antitrust...more

Antitrust-Related Recent Developments: DOJ settles gun-jumping case, FTC issues fines for failure to submit HSR filing and FTC...

DOJ fines particleboard manufacturers $4.95 million for gun-jumping violations - On Friday, November 7, 2014, two companies agreed to pay $4.95 million to settle U.S. Department of Justice (DOJ) allegations that the...more

Antitrust Division Reinforces Its Resolve and Ability to Extradite Foreign Executives

The DOJ’s Antitrust Division has extradited two executives of foreign companies in the last eight months, demonstrating its commitment to enforcing the Sherman Act outside of the United States....more

Motorola’s FTAIA Quest Ends With a Whimper in the Seventh Circuit

On November 26, 2014, the Seventh Circuit (Posner, J.) issued its order upon rehearing of Motorola Mobility LLC v. AU Optronics Corp. (Case No. 14-8003). Motorola still effectively lost the appeal, but the Court’s more...more

Law Professors Suit Up for NCAA in O’Bannon Appeal

On November 21, 2014, professors of antitrust law from 15 universities filed an amicus brief in support of the NCAA’s appeal in O’Bannon v. NCAA. (This blog has previously covered the O’Bannon case; the most recent entry...more

Seventh Circuit Affirms Dismissal of 99% of Motorola’s Claims in LCD Case Based on Motorola’s Lack of Standing

On the day before Thanksgiving—less than two weeks after oral argument—the Seventh Circuit issued its ruling on Motorola’s interlocutory appeal in Motorola Mobility LLC v. AU Optronics Corp., affirming dismissal of the vast...more

Seventh Circuit Decision in Motorola Mobility Holds That the FTAIA Bars a U.S. Parent's Damages Claims Based on Its Overseas...

The Foreign Trade Antitrust Improvements Act, 15 U.S.C. § 6a (FTAIA), enacted in 1982, has provided ambiguous direction to courts and practitioners regarding the applicability of U.S. antitrust laws to conduct occurring...more

NCAA appeals district court decision in O’Bannon v. NCAA

On November 14, 2014, the National Collegiate Athletic Association (“NCAA”) filed a brief in the Ninth Circuit challenging a district court’s injunction on the enforcement of NCAA rules barring college athlete compensation as...more

"DOJ Antitrust Action Condemns Pre-Merger Coordination Requiring Target Company to Sell Factory"

On November 7, 2014, the United States Department of Justice, Antitrust Division (DOJ) announced a $5 million agreement to settle charges that Flakeboard and SierraPine had engaged in unlawful pre-merger coordination. The...more

Engineered Wood Manufacturers to Pay $3.8 Million in Fines and Disgorge $1.15 Million in Profits for Hart-Scott-Rodino Gun-Jumping...

In the first Hart-Scott-Rodino (HSR) gun-jumping enforcement action in five years, the Antitrust Division of the U.S. Department of Justice (DOJ) recently announced a settlement with Flakeboard America Limited and SierraPine...more

Summary Judgment Affirmed by Sixth Circuit in Broker Commission Price-Fixing Litigation

On November 13, 2014, the Sixth Circuit Court of Appeals upheld the dismissal of price-fixing claims against two home brokerage service firms in Kentucky, McMahon Co. and HomeService of America, Inc. Hyland, et al. v....more

Five Million Dollar Penalty is Stark Reminder About "Gun Jumping"

On November 7, 2014, the Antitrust Division of the Department of Justice ("DOJ") announced that it had imposed a civil penalty of $3.8M and disgorgement of $1.15M in profits on Flakeboard America Limited (and its parent...more

DOJ Antitrust Division Announces Settlement with Two Companies for Federal Antitrust Law Violations

On November 7, the Antitrust Division of the Department of Justice announced a settlement with Flakeboard America Ltd. (Flakeboard) and SierraPine for federal antitrust law violations. The settlement requires the companies to...more

District Court Weighs in on Level of Integration Required to Shield Health Care Collaborations from Section 1 Scrutiny

In Medical Center at Elizabeth Place v. Premier Health Partners et. al, Case No. 12-cv-26 (S.D. Oh. Oct. 20, 2014), the Southern District of Ohio held that previously-competing health care systems who join together in a...more

Gone, Gone, the Damage Done*—Provisions in Transactional Agreements Can Raise Antitrust Risk

Soon after someone settles “gun jumping” charges, client alerts and blog posts with informative titles like “DOJ Settlement Resolves ‘Gun Jumping’ Charges” start flying around. These “alerts” and “posts” usually recite facts...more

New Guidance on Gun Jumping - DOJ Antitrust Division Settlement Clarifies the Risks of Pre-Closing Coordination, while...

Just five weeks after the Antitrust Division of the U.S. Department of Justice announced that Flakeboard America had abandoned its plan to acquire a medium-density fiberboard (MDF) mill and two particleboard mills from...more

“Gun-Jumping” Companies Must Pay $3.8 Million in Fines and Disgorge $1.15 Million in Illegally Obtained Profits

Recently the Antitrust Division of the U.S. Department of Justice (DOJ) reached a $5 million settlement with Flakeboard America Limited, its parents and SierraPine to settle allegations that the parties engaged in...more

DOJ Criminal Cartel Enforcement: Six-Month Summary

This is the first in what we expect to be a series of updates on DOJ criminal actions in the cartel area. Here, we look at highlights over the last six months in the DOJ’s investigations of the auto parts industry, LIBOR, and...more

Transaction Parties Pay Hefty Antitrust Fines for Unlawful Premerger Coordination

On November 7, 2014, Flakeboard America Limited (Flakeboard), its parent companies, and SierraPine entered into a settlement with the Department of Justice (DOJ) resolving allegations that the parties engaged in illegal...more

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