News & Analysis as of

Price-Fixing

There’s a Safe Way to Conduct Employee Compensation Surveys

by Holland & Knight LLP on

With the Justice Department now publicly cracking down on arrangements between employers such as so-called "no-poaching" agreements, what's an employer to do to make sure its compensation for employees with highly portable...more

Using “Old Cases,” District Court Applies Per Se Standard of Review to Blue Cross Blue Shield’s Restrictive Practices in Antitrust...

by Mintz Levin on

Since 2013, the Blue Cross Blue Shield Association has faced a series of purported class actions consolidated in the U.S. District Court in Alabama. In a recent decision focused upon the appropriate standard of review, the...more

OTA & Travel Distribution Update - Price-fixing fines imposed against FlightCentre; Red Lion's unorthodox approach to loyalty;...

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending April 6, 2018 is below. A variety of stories are featured in this week’s Update, including an interesting follow up story on Red Lion’s somewhat unique (and...more

California Sues Sutter Health Alleging Anti-Competitive Practices

California Attorney General Xavier Becerra filed a civil antitrust lawsuit in San Francisco County Superior Court on March 29, 2018 (the “Complaint”), alleging that Sutter Health (“Sutter”), one of Northern California’s...more

Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.

by Dorsey & Whitney LLP on

On April 24, 2018, the Supreme Court of the United States will hear arguments on the issue of whether a court may exercise independent review of the meaning of a foreign country’s domestic law, or whether a court is “bound to...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

China’s latest response to the White House’s aluminum and steel tariff plans came in the form of a no-joke April 1 announcement of its own tariffs of roughly $3 billion in 128 U.S.-made products ranging from pork to wine and...more

Recent Debarments Highlight Growing Risk of Sanctions By Multilateral Development Banks

by Holland & Knight LLP on

• Companies that operate globally face substantial risks associated with activities funded by multilateral development banks (MDBs). • Several recent debarment actions by the World Bank highlight those risks. • To...more

Australian Competition and Consumer Commission Launches Criminal Cartel Case: More to Come?

by Jones Day on

The Background: Earlier in 2018, the Australian Competition and Consumer Commission warned that several domestic companies would face criminal cartel prosecutions in 2018. The Situation: The ACCC has begun to follow...more

The World in U.S. Courts - Winter 2018

French Bank Whose Transactions Benefitted Sudan Generally, But Were Not Otherwise Related To The Commission Of Terrorist Acts Supported By Sudan, Could Not Have Violated ATA And ATS....more

Australian and New Zealand Competition and Consumer Law Update

by Jones Day on

Message from the Editors - The holiday and new year period was not a quiet one in Australian competition law. Many of the recommendations from an extensive assessment of the Australian competition law were implemented. In...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

Third Circuit Establishes New Framework for Determining Direct Purchaser Standing in Price-Fixing Litigation

by Bryan Cave on

In a decision with broad implications for future antitrust litigation, the Third Circuit recently established a framework for determining antitrust standing in circumstances where a direct purchaser plaintiff has alleged the...more

Third Circuit Says “Umbrella Damages” Bar Does Not Preclude Antitrust Standing Where Product Is Partly Comprised of Materials Not...

In a case of first impression, the Third Circuit recently held in In re Processed Egg Products Antitrust Litigation, No. 16-3795, 2018 U.S. App. LEXIS 2698 (3d Cir. Jan. 22, 2018), that a direct purchaser of a product,...more

White House Unveils Proposal on Drug Pricing

by Holland & Knight LLP on

On Feb. 9, 2018, the Trump Administration released a 30-page report analyzing domestic and global factors influencing drug pricing. The report by the Council of Economic Advisers (CEA) is expected to inform the HHS' Fiscal...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

THE LATEST: Trump DOJ’s Next Target: the Illinois Brick Indirect Purchaser Rule?

by McDermott Will & Emery on

In the course of one week, two top level DOJ Antitrust officials in the Trump Administration separately spoke at panels and suggested the possibility of a sea change in federal antitrust law with respect to indirect purchaser...more

Bringing Back Indirect Purchasers – DOJ Considers Seeking Reversal of Illinois Brick

by Faegre Baker Daniels on

For over 40 years, the Supreme Court has barred, with very limited exceptions, indirect purchasers— end customers who purchase products through an intermediate source—from seeking federal antitrust damages. But Andrew Finch,...more

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

US Supreme Court to Hear International Case Involving Alleged Price Fixing

by Morgan Lewis on

Potentially impacting the reach of US antitrust enforcement, the Court will determine standards to apply in considering a foreign government's legal statement concerning the interpretation of its domestic law in price fixing...more

Alert: Antitrust 2018: Trends and Developments to Watch

by Cooley LLP on

1. Trump’s appointments set the antitrust agenda for 2018 - Almost a year into the Trump Administration, leadership at the Department of Justice Antitrust Division is now set. The Senate confirmed Makan Delrahim as...more

High Court Grants Certiorari in Vitamin C Antitrust Litigation

by Holland & Knight LLP on

On Friday, January 12, 2018, the United States Supreme Court agreed to hear the appeal of two Vitamin C purchasers in what has become known as In re: Vitamin C Antitrust Litigation. Appellants are seeking to overturn a 2016...more

International Comity? U.S. Jury Will Noodle Disputed Facts of In re Ramen Despite Contrary Ruling from Korean Supreme Court

by Reed Smith on

U.S. indirect purchaser antitrust actions may proceed to trial even when a foreign manufacturer is found not liable in its home jurisdiction. A recent summary judgment decision from the U.S. District Court for the Northern...more

Southwest Airlines Will Cooperate in Class Action Against American, Delta & United

A federal judge has granted preliminary approval of Southwest Airlines Co.’s settlement with a class of plaintiffs alleging antitrust violations against Southwest, American Airlines, Inc., Delta Air Lines, Inc., and United...more

Court Refuses to Certify Canadian Price-Fixing Case

by Bennett Jones LLP on

For many years, it was next to impossible to certify a price-fixing class action in Canada. Today, certification is so common that refusals to certify are the rare exception. Ewert v Nippon Yusen Kabushiki Kaisha, 2017 BCSC...more

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