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Price-Fixing Sherman Act Appeals

McDermott Will & Emery

Fourth Circuit Holds Per-Se Rule Does Not Apply in Bid-Rigging Case

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A three-judge panel from the US Court of Appeals for the Fourth Circuit overturned an executive’s bid-rigging antitrust conviction, holding that the district court erred in applying the per se standard to the executive’s...more

Perkins Coie

Three Reasons Companies Need Customized Antitrust Compliance Programs Now

Perkins Coie on

Antitrust compliance programs that are tailored to a company’s culture, line of business, and competitive conditions have long been worth their weight in gold. But as 2022 draws to a close, a looming economic slowdown and an...more

McDermott Will & Emery

Antitrust Enforcement Update: Spotlight on Physician Transactions

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At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions, as well as a new state...more

McDermott Will & Emery

Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws

Last week, in Connecticut Fine Wine and Spirits LLC v. Seagull, the US Court of Appeals for the Second Circuit affirmed a lower court’s motion to dismiss a lawsuit from Total Wine & More challenging parts of Connecticut’s...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP

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

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)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

Mintz

Second Circuit: “C” is for Comity; Price Fixing Judgement Against Chinese Vitamin C Sellers Reversed

Mintz on

Last week, in In re Vitamin C Antitrust Litigation, the US Court of Appeals for the Second Circuit (“Second Circuit”) vacated a $147 million jury award against Chinese vitamin C sellers Hebei Welcome Pharmaceutical Co. and...more

Mintz

What Have Merchants Gained from Payment Card Antitrust Litigation?

Mintz on

In recent years, federal antitrust enforcers and businesses that accept payment cards have been waging a slow war against payment card fees and the card network rules that protect them. The payment card industry’s antitrust...more

Foley & Lardner LLP

Clarity Put on Hold as FTAIA Conflict/Confusion Continues

Foley & Lardner LLP on

The Foreign Trade Antitrust Improvements Act (FTAIA) was enacted in 1982 to help achieve clarity in the application of U.S antitrust laws to international trade. More than 30 years since that effort, the FTAIA has not...more

McDermott Will & Emery

Third Circuit Remands Class Certification Ruling in Blood Reagents Price-Fixing Case

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On Wednesday, April 8, 2015, the Third Circuit Court of Appeals vacated a district court’s order certifying a class of direct purchasers of blood reagents in a price-fixing suit against Ortho-Clinical Diagnostics Inc. In re...more

McDermott Will & Emery

Seventh Circuit Upholds Dismissal of Text Messaging Price-Fixing Claims

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On Thursday, April 9, 2015, the Seventh Circuit affirmed the district court’s grant of summary judgment for AT&T Mobility LLC, Verizon Wireless LLC, T-Mobile USA Inc. and Sprint Corp., in a text messaging price-fixing...more

McDermott Will & Emery

Seventh Circuit Denies Rehearing in LCD Price-Fixing Suit by Motorola

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On January 12, the Seventh Circuit Court of Appeals refused Motorola Mobility LLC’s petition for a rehearing en banc of its price-fixing claims against foreign manufacturers of liquid crystal display (LCD) panels. Motorola...more

Troutman Pepper

Seventh Circuit Limits Antitrust Actions for Harm Caused to Foreign Affiliates of U.S. Companies

Troutman Pepper on

The Foreign Trade Antitrust Improvements Act (FTAIA), 15 U.S.C. § 6a, was enacted to provide greater clarity on the Sherman Antitrust Act’s reach. However, the FTAIA continues to muddy the waters. In a recent decision from...more

Foley & Lardner LLP

International Cartel Sales to Global Supply Chains Raise U.S. Antitrust Issues

Foley & Lardner LLP on

In a widely awaited opinion, the Seventh U.S. Circuit Court of Appeals in Chicago has issued an opinion which affects the scope of government enforcement actions and which purchasers may pursue private civil treble damage...more

McDermott Will & Emery

Summary Judgment Affirmed by Sixth Circuit in Broker Commission Price-Fixing Litigation

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On November 13, 2014, the Sixth Circuit Court of Appeals upheld the dismissal of price-fixing claims against two home brokerage service firms in Kentucky, McMahon Co. and HomeService of America, Inc. Hyland, et al. v....more

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