News & Analysis as of

Price-Fixing

Jury Gives Auto Parts Manufacturer a Pass on DOJ Conspiracy Claims

by McDermott Will & Emery on

On November 29, 2017, a Japanese auto parts manufacturer and its US subsidiary defeated the US Department of Justice’s claims that the companies conspired with others to fix prices and rig bids for automotive body sealing...more

Does What Happens Outside the U.S. Stay Outside the U.S.?

As the economy continues to globalize, so too does the reach of antitrust law. Two recent cases illustrate the interaction between international trade and U.S. antitrust law: Biocad v. F. Hoffman-La-Roche Ltd. and In re...more

Food & Beverage Litigation Update | November 2017#3

by Shook, Hardy & Bacon L.L.P. on

French Agency Finds Unlabeled Titanium Dioxide Nanoparticles in Food - The Direction générale de la concurrence, de la consommation et de la répression des fraudes (DGCCRF), a French agency for consumer affairs and fraud...more

Indirect Purchasers Cannot Sue Qualcomm Under Federal Law, But State Law Claims Survive

A federal judge in California has refused to allow indirect purchasers of semiconductor chips—i.e., cell phone consumers—to bring claims against Qualcomm under federal antitrust law....more

EU & Competition Law Update – November 2017

by Bryan Cave on

EU opens investigation into UK tax scheme for multinationals - The EU State aid rules are designed to stop Governments and local authorities giving companies a selective advantage, as doing so would create an unequal...more

AGG Food and Drug Newsletter - November 2017

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

Make Your Online Terms of Service "Uber" Enforceable

by Partridge Snow & Hahn LLP on

Are your online Terms of Service enforceable? Businesses should review their account registration process in light of a recent court decision. In Meyer v. Uber Technologies, Inc., the U.S. Court of Appeals for the Second...more

Feds Come Out Against Seattle’s Law to Unionize Rideshare Drivers

by Fisher Phillips on

The gig economy just got a strong ally in its fight to remain union-free: the federal government. The latest development in the ongoing saga involving an attempt to put into place the nation’s first unionization law that...more

Price-Fixing Allegations Against Generic Drug Manufacturers Broaden as State Attorneys General Seek Amended Complaint

by Arnall Golden Gregory LLP on

On October 31, 2017, the Attorneys General of forty-five states and the District of Columbia (the “State AGs”) moved to amend a December 2016 complaint alleging a broad price-fixing scheme among key players in the generic...more

French Competition Authority Imposes Highest Fine in 2017 - €302 Million - On Cartelist Companies and Trade Association in the...

by Reed Smith on

In its decision to impose a €302 million fine for very serious anticompetitive practices in the floor covering sector, the French competition authority revised its position on compliance programmes, which will no longer...more

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

by Holland & Knight LLP on

As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

Significant Fine Imposed by the French Competition Authority in Floor Coverings Cartel

by McDermott Will & Emery on

On October 19, 2017, the French Competition Authority (the “FCA”) imposed a EUR 302 million fine on the three leading companies in the PVC and linoleum floor coverings sector; Forbo, Gerflor and Tarkett, as well as the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

A federal jury in Brooklyn has found former HSBC Holdings exec Mark Johnson guilty on 9 counts of front-running that grew out of the DOJ’s investigation into forex manipulation at HSBC....more

Developments in Antitrust Capacitor Investigation: Eighth Capacitor Manufacturer Charged

by Farella Braun + Martel LLP on

On October 18, 2017, a federal grand jury sitting in San Francisco indicted capacitor manufacturer Nippon Chemi-Con for participating in a multi-decade conspiracy to fix prices for electrolytic capacitors. Nippon Chemi-Con is...more

Third Circuit Affirms Summary Judgment for Defendant in Titanium Dioxide Price-Fixing Case

by McDermott Will & Emery on

WHAT HAPPENED: ..On October 2, 2017, the US Court of Appeals for the Third Circuit unsealed its opinion in Valspar Corp. v. E.I. Du Pont De Nemours & Co., No. 16-1345 2017 WL 4364317 (3d Cir. Sept. 14, 2017) in which the...more

EU & Competition Law Update – October 2017

by Bryan Cave on

When is a private company considered a public body and subject to the EU procurement rules? A recent European Court of Justice (“ECJ”) case has thrown up a novel legal issue which will be of interest to all public...more

Are Restaurant No-Tipping Policies the Product of an Antitrust Conspiracy?

In July of 2013, Danny Meyer, the CEO of the Union Square Hospitality Group, tweeted that he was considering eliminating tipping at his restaurants and solicited the opinion of other restaurant owners. Meyer and others...more

Chinese Competition Authority Imposes Fines for Price-Fixing Involving Industry Associations

by Jones Day on

In Short - The Situation: In early September, three local Chinese chemical manufacturers received penalty notices from China's National Development and Reform Commission ("NDRC") for attending an association conference,...more

EU Retail News - September 2017

by Bryan Cave on

UK Competition Authority Warns Creative Sector About Price Fixing and Information Sharing - On 12th September 2017 the UK Competition Authority,the Competition and Markets Authority ("CMA") sent an open letter to...more

Plaintiffs Can’t Depose Competition Bureau Investigator in Price-Fixing Class Action

by Bennett Jones LLP on

The Supreme Court of Canada held today that civil plaintiffs cannot examine for discovery (aka depose) a Competition Bureau investigator: Canada (Attorney General) v. Thouin, 2017 SCC 46....more

Ninth Circuit Pauses Seattle Ride-Share Union Ordinance, But Uncertainty Remains

by Franczek Radelet P.C. on

Recently, the U.S. Circuit Court of Appeals for the Ninth Circuit blocked the implementation of Seattle Ordinance 124968, which would allow drivers for ride-sharing apps such as Uber and Lyft to form unions, while a suit over...more

Eleventh Circuit Reinstates Auto Body Shops’ Antitrust Claims Against Insurers

In a 2-1 decision issued on September 7, 2017, the Eleventh Circuit reversed a district court decision dismissing antirust claims brought by auto body shops against a group of car insurance companies in the In re Auto Body...more

THE LATEST: DOJ’s Packaged Seafood Probe Yields Conditional Leniency Applicant

by McDermott Will & Emery on

On Monday, September 11, Tri-Union Seafoods LLC, the US subsidiary of Thai Union Group, announced it blew the whistle on competitors in the US Department of Justice’s (DOJ) investigation of the packaged seafood industry. The...more

Developments in Association Law, 2016 – 2017

There have been important legal developments at the federal and state levels for nonprofit organizations. - Takeaways - Nonprofits continue to experience Federal government and private litigant antitrust enforcement....more

Warning from the U.S. Antitrust Agencies: Remain Compliant with Antitrust Laws During Post-Hurricane Harvey and Irma Relief...

by K&L Gates LLP on

On September 12, 2017, the Department of Justice Antitrust Division and the Federal Trade Commission (collectively, the “Agencies”) released antitrust guidance for post-hurricane relief efforts in the aftermath of Hurricanes...more

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