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Antitrust Conspiracies

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Just days after profiled Walmart’s efforts to keep pace with Amazon in the grocery biz, a whistleblower and former WM director of business development is accusing Walmart of issuing “misleading e-commerce results” and...more

2017 Statute of Limitations Roundup: Courts Disagree About Applicability of “Continuing Violation” Doctrine in Antitrust Actions

2017 saw three notable decisions concerning the applicability of the “continuing violation” doctrine in antitrust cases. We discuss below three cases that have taken different approaches in their treatment of this...more

New FTC Complaint Merits Attention of Group Purchasing Organization Suppliers and Participants

by Perkins Coie on

The Federal Trade Commission announced on February 12, 2018, that it has filed an administrative complaint seeking injunctive relief against three large dental supply companies, alleging that they violated the antitrust laws...more

Third Circuit Holds Food Manufacturers Have Standing to Seek Damages From Egg Suppliers

Last week, in In re: Processed Egg Products Antitrust Litigation, the U.S. Court of Appeals for the Third Circuit issued a decision holding that purchasers of processed egg products have standing to seek damages from egg...more

Has the Third Circuit Just Scrambled ‘Umbrella Damages’?

by BakerHostetler on

A recent decision by the Third Circuit permits plaintiffs to pursue antitrust damages for egg products supplied by non-conspiring parties. This decision could represent a crack in the “umbrella damages” rule that precludes...more

DOJ Obtains Price-Fixing Guilty Plea

by Jones Day on

Texas-based e-commerce company Zaappaaz, Inc.—doing business as WB Promotions, Inc.,, and—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

10th Circuit Affirms Dismissal of Antitrust Case Against Health Insurer

by Baker Ober Health Law on

On May 31, the Tenth Circuit Court of Appeals affirmed the dismissal of plaintiff's claims in Bristow Endeavor Healthcare v. Blue Cross Blue Shield Association et al., handing Blue Cross Blue Shield of Oklahoma, and its...more

Suit Over Hospitals’ Alleged Anticompetitive Marketing Sent to Trial

Conspiracies between competitors can be hard to prove, even when other parties to the alleged conspiracy have settled. On May 31, 2017, a federal judge denied summary judgment and ruled that the Department of Justice (DOJ)...more

Blues Defeat Antitrust Claim by Heart Monitoring Device Maker

by Baker Ober Health Law on

On April 3, Judge Eduardo Robreno, District Judge for the Eastern District of Pennsylvania, granted judgment to a collection of insurer defendants in an antitrust conspiracy case brought against them by heart monitoring...more

Top Legal Issues Facing the Automotive Industry in 2017

by Foley & Lardner LLP on

Predicting what any industry will do in 2017 is a challenge. We have to consider Brexit, a new President, NAFTA is up in the air … and all this coming after a robust year of sales in 2016. But, this is an Automotive Industry...more

A Bogosian Shortcut Through the Mushroom Patch – The Latest Chapter of a Fairytale Doctrine

Few cases in the antitrust canon have been invoked more frequently, for the wrong reasons, than the Third Circuit’s 1977 decision in Bogosian v. Gulf Oil. For four decades now – culminating in the recent release of a decision...more

The New Supreme Court Term: Cases for the Automotive Industry to Watch

by Foley & Lardner LLP on

A new Supreme Court term is once again underway. This one looks to be unique in that it is likely to be an eight-Justice bench into 2017—with Republican leaders standing firm on their refusal to go forward with confirming any...more

NCAA’s System of Amateurism

Former UCLA basketball star and NCAA champion Ed O’Bannon was the lead plaintiff in a 2009 class action lawsuit that was the first serious challenge to the lifeblood of the NCAA’s very existence: all of its players are unpaid...more

Compounding Pharmacy’s Group Boycott Claim Survives Motion to Dismiss

On August 23, 2016, the District Court for the Eastern District of Missouri allowed claims by a compounding pharmacy to proceed, denying a motion to dismiss filed by the defendant pharmacy benefit manager (“PBM”). In...more

New York Federal Court Refuses To Enforce Arbitration Clause In Internet Contract

by Carlton Fields on

This case involves a putative class action filed in federal court in New York in 2015 by Spencer Meyer against Travis Kalanick, the founder of Uber Technologies, Inc., alleging that Kalanick “orchestrated and participated in...more

No More Tears (Enough is Enough)… Ending the Debate About Unlawful Means in Conspiracy Torts

by Bennett Jones LLP on

It was 1983. The Police’s Every Breath You Take was top of the charts. Return of the Jedi was tearing up the box office. And the Supreme Court of Canada released that seminal case seared into every competition litigator’s...more

Procompetitive Effects of Business Associations in the Balance?: Business Association Membership and the Sufficiency of Sherman...

What facts beyond mere membership in a trade association trigger Sherman Act liability? Next term, the Supreme Court will hear an antitrust case testing the requirements for pleading the conspiracy element of a claim brought...more

Blue Cross Blue Shield of Oklahoma Escapes Antitrust Action by Disgruntled Provider

by Baker Donelson on

On June 8, District Judge Claire Eagan (N.D. Okla.) dismissed the Blue Cross Blue Shield Association (BCBSA) and Blue Cross Blue Shield of Oklahoma (BCBSO) from an antitrust suit brought by a disgruntled health care provider,...more

Soda bottler has bitter taste from alleged Pepsi price-fixing

A recent complaint charges PepsiCo Inc. with several antitrust violations, including price fixing and predatory pricing in violation of Section 1 of the Sherman Act, conspiracy and attempt to monopolize in violation of...more

Sixth Circuit: “Single-Network” Hospitals Not Exempt from Section One Scrutiny

by McDermott Will & Emery on

On March 22, 2016, the U.S. Court of Appeals for the Sixth Circuit allowed a claim to proceed under § 1 of the Sherman Act against four hospitals acting as a single network under a joint operating agreement. Med. Center at...more

Is "Plausibility" a Rorschach Test? The Fourth Circuit's Divided Opinion on Twombly's Motion to Dismiss Standard

by Womble Bond Dickinson on

A recent Fourth Circuit cases demonstrates the inherently subjective nature of the "plausibility" standard used to evaluate a motion to dismiss under Rule 12(b)(6). This standard, first articulated by the Supreme Court in...more

DOJ Nabs Two More in Real Estate Bid Rigging Conspiracy

by McDermott Will & Emery on

Two real estate investors pleaded guilty to participating in a conspiracy to rig bids and commit mail fraud at public real estate foreclosure auctions in Georgia. The guilty pleas, entered on Monday, January 4, are the 11th...more

Pricing Algorithms and the Digital “Smoke-Filled Room”

On December 3, 2015, the DOJ unsealed an indictment against Daniel William Aston and his company, Trod Ltd. (doing business as Buy 4 Less, Buy For Less, and Buy-For-Less-Online), for conspiring with third-party sellers to fix...more

Fifth Circuit Considers Independent Conduct in Vertical Agreements to Facilitate Horizontal Conspiracy

On November 25, 2015, the Court of Appeals for the Fifth Circuit affirmed the $156 million antitrust judgment in MM Steel, L.P. v. JSW Steel (USA) Incorporated; Nucor Corporation, upholding a jury verdict that found one...more

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