News & Analysis as of

Shipping Price-Fixing

Blank Rome LLP

U.S. DOJ and FMC Increase Focus on Antitrust Enforcement

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The Biden administration recently announced a renewed enforcement focus on consolidation and alliances in the maritime industry that may hinder competition and increase prices. While federal agencies historically have worked...more

King & Spalding

D.C. Circuit Affirms Denial Of Class Certification Where Damages Model Showed That Some Class Members May Have Suffered No Injury

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On August 16, the D.C. Circuit held in a high-profile antitrust MDL involving railroad shippers that the plaintiffs failed to satisfy Rule 23(b)(3)’s predominance requirement because their expert’s damages model calculated...more

Dechert LLP

D.C. Circuit Affirms Denial of Class Certification; Plaintiffs Derailed by Expert Model Showing Uninjured Shippers

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On August 16, 2019, the D.C. Circuit Court of Appeals affirmed a denial of class certification to a proposed class of shippers seeking to recover damages from Class 1 railroads for an alleged price-fixing conspiracy. The...more

McDermott Will & Emery

Cartel Snapshot - June 2019

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The Department of Justice (DOJ) Antitrust Division announced three new investigations and several developments in its other investigations, including new investigations in the commercial flooring industry, online auctions for...more

Hogan Lovells

"Single entity defense" under scrutiny in China

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On 20 July 2018, the new Chinese antitrust authority – the State Administration for Market Regulation (SAMR) – published two decisions sanctioning two ship tallying companies in Shenzhen for market partitioning and price...more

McDermott Will & Emery

Cartel Snapshot - June 2018

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Overview of Current Cartel Investigations - Several active US Department of Justice (DOJ) investigations resulted in criminal charges against individual executives in the second quarter of 2018. The DOJ’s total criminal...more

The Volkov Law Group

Criminal Prosecutions of Individuals Outside the FCPA

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When you look outside the FCPA arena and examine DOJ criminal prosecutions in healthcare, antitrust, tax, fraud, and other white-collar areas, there is no shortage of cases against individual violators. I am perplexed, to say...more

Patterson Belknap Webb & Tyler LLP

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

K&L Gates LLP

Appeals Court Resoundingly Affirms Scope and Breadth of Shipping Act Antitrust Exemption

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In August 2015, a federal court held in an apparent case of first impression that the Shipping Act of 1984 (the “Shipping Act”), preempts state law claims as well as federal antitrust claims. Direct and indirect purchasers of...more

Holland & Knight LLP

Third Circuit Affirms Private Damages Immunity Under Shipping Act for Ocean Common Carriers

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Holland & Knight alerted the maritime community in November 2016 that the U.S. Court of Appeals for the Third Circuit appeared likely to affirm the dismissal of private antitrust claims brought against roll-on, roll-off...more

Holland & Knight LLP

Third Circuit Considering Federal Court Damages Immunity for Ocean Shipping Companies

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The Shipping Act of 1984 grants limited immunity under the antitrust laws to vessel-operating common carriers that enter certain agreements, including price-fixing agreements, so long as the agreements are filed in advance...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries - ...more

BCLP

EU Retail News - July 2016

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BREXIT – THE NEXT STEPS - Despite the UK’s vote to leave the European Union, companies doing business in the UK can still continue to trade with the European Union in exactly the same way as they have done in the past –...more

Bryan Cave Leighton Paisner

EU & Competition Law Update - January 2016

Smartphone chip manufacturer accused of an abuse of dominance - On the 8th December 2015, Qualcomm, the world’s largest supplier of smartphone chipsets, was publicly accused by the European Commission of abusing its...more

K&L Gates LLP

Shipping Act Antitrust Exemption Held for the First Time to Preempt State Antitrust Laws

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For the first time, a federal court has held that the Shipping Act of 1984, 46 U.S.C. §§ 40101–41309 (Shipping Act), preempts state-law antitrust claims. The federal district court in New Jersey applied conflict preemption...more

McDermott Will & Emery

Shipping Executive Acquitted of Antitrust Charge

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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

Patterson Belknap Webb & Tyler LLP

Shipping Executive Pleads Guilty to Ocean-Shipping Price Fixing Conspiracy

On Tuesday, March 10, 2015, an employee of the Japan-based Nippon Yusen Kabushiki Kaisha (NYK) pleaded guilty to a violation of the Sherman Act for conspiring to fix prices and rig bids for international ocean shipping from...more

McDermott Will & Emery

Japanese Shipping Company Rolls Over, Pleads Guilty to Price Fixing

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On September 26, 2014 Japanese transportation company Kawasaki Kisen Kaisha Ltd. (K-Line) agreed to plead guilty to price fixing, bid rigging and allocating customers for international ocean shipping services for “roll-on,...more

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