News & Analysis as of

U.S. v. Flakeboard and SierraPine: HSR “Gun-Jumping” Results in $5 Million Penalty

On November 7, 2014, the U.S. Department of Justice (DOJ) filed a complaint and consent decree in the U.S. District Court for the Northern District of California requiring Flakeboard America Limited, Flakeboard’s parent...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

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

"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

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

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

Minimizing Antitrust Risk in M&A Transactions

For any company looking to enter into a merger or acquisition, the laundry list of necessary pre-closing tasks can start to add up. But, just as companies must complete due diligence and identify negotiation strategies, it...more

DOJ Settles with Flakeboard and SierraPine for Gun-Jumping Action

On November 7, 2014, the Department of Justice Antitrust Division (“DOJ”) announced it had settled an enforcement action for improper premerger coordination (commonly referred to as “gun-jumping”) with Flakeboard America...more

DOJ Penalty Warns: Do Not Jump the Gun

The Department of Justice’s recent $4.95 million settlement of claims of illegal premerger coordination – also known as "gun jumping" – between two particleboard manufacturers reminds parties to exercise care over pre-closing...more

DOJ Investigation into Generic Pharmaceutical Pricing Signals Potential Criminal Exposure

The United States Department of Justice Antitrust Division (DOJ) recently served two U.S.-based generic pharmaceutical manufacturers with criminal grand jury subpoenas. It is reported that the subpoenas request all...more

DOJ Imposes $4.95 Million Fine for Pre-Closing U.S. Antitrust Violations

Pre-closing violations in United States v. Flakeboard & SierraPine provide a reminder of practical rules for handling pre-closing activities without hitting antitrust landmines....more

Developments in the Capacitor Cartel Litigation: Class Counsel Appointed and the Antitrust Division Intervenes

In July, we wrote about two putative class action lawsuits alleging that Panasonic, Samsung, and other electronics manufacturers had formed a cartel to boost prices of certain electronic capacitors. Since then, the cases have...more

Spotlight on Antitrust: Asia Edition

In this issue: - The U.S. DOJ Secures Two Extraditions of Foreign Nationals on Antitrust Charges: Who Is Next? - U.S. Circuit Courts Limit Reach of Sherman Act Against Asian Cartel - Mark Rosman, Partner...more

DOJ Wins First Antitrust Extradition of Foreign National

The U.S. Department of Justice’s (DOJ) Antitrust Division recently demonstrated its commitment to holding executives accountable for antitrust violations, regardless of their nationality or location. On April 4, 2014, DOJ...more

Antitrust and Competition Newsletter - February 2014

U.S. Supreme Court Holds That Parens Patriae Suits Are Not Removable to Federal Court as “Mass Actions” Under the Class Action Fairness Act - On Jan. 14, 2014, the U.S. Supreme Court held that a parens patriae...more

Antitrust Bulletin - Vol. 5, No. 1

In this Issue: - New Developments - U.S. Supreme Court Will Decide Whether Patent Agreements That Postpone the Sale of Generic Drugs Violate Antitrust Laws - Direct Purchasers Have Standing to Bring Antitrust...more

US China Trade War–Developments Trade, Customs, Patents, US/China Antitrust And Securities

There have been some major developments in the trade, Customs fraud, patents, US/Chinese antitrust, and securities areas. I have just returned from a trip of more than 2 weeks in China. While in China, we discussed US...more

Update: Are the Regulators Coming for the Patent Trolls?

We recently wrote about a workshop held by the Department of Justice and the Federal Trade Commission to discuss perceived abuses by patent acquisition entities....more

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