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Competition RSS

McShares Booted From Peroxide Price-Fixing MDL

Thursday, Mar 18, 2010

A federal judge has dismissed chemical company McShares Inc.'s complaint from multidistrict litigation over alleged price-fixing by hydrogen peroxide manufacturers, ruling that McShares' claims were time-barred.

Howrey Starts 'Task Force' For False Ad Claims

Wednesday, Mar 17, 2010

Howrey LLP said Wednesday it has formed an advertising litigation task force to capitalize on an “onslaught” of cases involving allegations of unfair competition, consumer protection violations and other false advertising claims.

Heartland Ends Payment Processing Antitrust Case

Wednesday, Mar 17, 2010

Heartland Payment Systems Inc. has resolved a case alleging rival Chase Paymentech Solutions LLC and others engaged in an anti-competitive scheme to corner the payment processing market in the restaurant industry.

Top DOJ Health Fraud Cop Heads To Arnold & Porter

Wednesday, Mar 17, 2010

The former prosecutor in charge of the federal government's fight against criminal health care fraud has joined Arnold & Porter LLP in its Washington office.

Brazil Aims To Boost Clarity Of Cartel Leniency Plan

Wednesday, Mar 17, 2010

Brazil's minister of justice has issued a new regulation designed to increase transparency and predictability for cartel offenders seeking leniency under the country's competition law.

Purdue To Settle OxyContin Antitrust MDL: Atty

Wednesday, Mar 17, 2010

Purdue Pharma LP has settled a slew of suits brought by indirect buyers of OxyContin accusing it of stifling generic competition by filing bogus patent litigation, just days after its lawyer told a judge that the drugmaker anticipates settling all of the pending cases in the multidistrict litigation.

Highmark Says Pa. Insurance Head Abused Authority

Wednesday, Mar 17, 2010

A Blue Cross Blue Shield affiliate in Pennsylvania has sued the state's Insurance Department, accusing it of overreaching its authority by conducting broad reviews of competition in the state's health insurance market.

UK Competition Commission Clears Sports Direct Buys

Wednesday, Mar 17, 2010

The U.K. Competition Commission has formally cleared Sports Direct International PLC's acquisition of more than 30 stores from rival sports clothing and equipment retailer JJB Sports PLC, ending an investigation that started when a fellow regulator raised competition concerns last year.

EU OKs Antitrust Deal For Electricite De France

Wednesday, Mar 17, 2010

The European Commission signed off on competition commitments from Electricite de France Wednesday, resolving the antitrust regulator's concerns that the French electricity giant had used its contracts with industrial customers to block rivals from the wholesale market.

Claims Pared In BofA Mortgage Rate Disclosure Suit

Wednesday, Mar 17, 2010

A federal judge has again thrown out state law claims for breach of contract and unfair competition in a putative class action that accuses Bank of America NA of not clearly disclosing that a teaser rate on option adjustable rate home mortgages would quickly expire.

Schering, Neutrogena Ads Are Both Misleading: Judge

Tuesday, Mar 16, 2010

A federal judge has found that both Schering-Plough Healthcare Products Inc. and rival Neutrogena Corp. made false and misleading claims in sunscreen commercials that violated the Lanham Act and Delaware law.

Exxon, XTO Deal Secures Antitrust Clearances

Tuesday, Mar 16, 2010

Exxon Mobil Corp.'s plan to acquire natural gas producer XTO Energy Inc. has cleared the necessary antitrust hurdles, moving the deal closer to completion.

DOJ Squares Off Against Dean Foods In Merger Fight

Tuesday, Mar 16, 2010

The U.S. Department of Justice is fighting a bid by Dean Foods Co. to get a key claim booted from the DOJ's antitrust lawsuit seeking to undo Dean's recent acquisition of two milk processing plants in Wisconsin.

Korean Rubber Co. Loses Bid To Revive Antitrust Suit

Tuesday, Mar 16, 2010

A federal appeals court has upheld the dismissal of Korea Kumho Petrochemical Co. Ltd.'s antitrust case accusing a Solutia Inc. subsidiary of trying to keep the company out of the U.S. market for rubber and plastics.

EU Hands Review Of €246M Shell Sale To Greek Gov't

Tuesday, Mar 16, 2010

The European Commission has agreed to let Greece's competition regulator handle the review of Motor Oil Corinth Refineries SA's proposal to buy Royal Dutch Shell PLC's Greek fuel and bitumen businesses for nearly €246 million ($338 million).

3rd Ex-CDR Worker Admits To Bid-Rigging Conspiracy

Tuesday, Mar 16, 2010

Former CDR Financial Products Inc. employee Douglas Alan Goldberg has pled guilty to participating in bid-rigging and fraud conspiracies related to contracts for the investment of municipal bond proceeds, making him the third ex-CDR worker to cop a plea as a result of an ongoing federal probe into the municipal bond industry.

Kaplan LSAT Antitrust Claims Ruled Time-Barred

Monday, Mar 15, 2010

A federal judge has tossed a putative class action accusing Kaplan Inc. of restraining competition in the Law School Admission Test preparatory course market through a market allocation agreement with a competitor, concluding that the suit is time-barred.

JPMorgan Wins Dismissal Of Credit Insurance Dispute

Monday, Mar 15, 2010

A federal judge has thrown out an antitrust suit filed by automotive credit insurance provider Midwest Agency Services Inc. against JPMorgan Chase Bank NA over an auto finance tying scheme, finding that Midwest failed to allege any party was harmed except itself.

Dell Targets Hitachi, Toshiba In TFT-LCD Antitrust Case

Monday, Mar 15, 2010

Dell Inc. has accused Hitachi Ltd., Toshiba Corp. and three other technology companies of conspiring to artificially inflate prices of thin film transistor liquid crystal display panels, the latest addition to multidistrict litigation alleging a massive price-fixing scheme.

Intel Wants Derivative Suit Over Antitrust Claims Axed

Monday, Mar 15, 2010

Intel Corp. and current and former company board members are seeking to dismiss a shareholder derivative suit claiming they failed to stop anti-competitive business practices that led to billions in fines and settlements.


Guest Columns

The Cigarette Rule — Up In Smoke?

A Connecticut jury recently awarded nearly $15 million to a class of automotive body shop plaintiffs based on the jury’s finding that the insurance company defendant violated the Connecticut Unfair Trade Practices Act. The plaintiffs may get far more than they bargained for, however, if their lawsuit actually results in a seismic shift in the law that ultimately restricts potential plaintiffs’ ability to bring similar actions in the future, say Julia Karen Ulrich and Dennis O. Brown of Edwards Angell Palmer & Dodge LLP.

Employer Liability Under New FTC Endorsement Rules

If your company provides services or sells products and your employees are blogging about them or talking about them on their Facebook accounts, the presumption may be that they are doing so with the company’s support and for the company’s benefit. This could lead to liability for your company for false statements made by your employees under the Federal Trade Commission's revised guidelines for endorsements in advertising, says Scott J. Slavick of Brinks Hofer Gilson & Lione.

Antitrust Enforcement Of Hospital Consolidations

For a time in the late 1990s, it seemed as though any antitrust challenge mounted by the government against a merger of hospitals in the same geographic area was doomed. But the tide has turned in the past few years, and hospitals and the health care provider community should take careful note of some important recent developments where mergers have been challenged, says Francis J. Serbaroli of Greenberg Traurig LLP.

Citizens United: A Congressional Opportunity

A difficult but potentially soluble problem regarding the influence of public corporations having large capital concentrations arises from the Supreme Court’s recent decision on campaign finance laws and the opinion’s explicit recognition of political free speech for corporate organizations in Citizens United, says Fred T. Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

Exclusionary Rebates: An EU Lack Of Progress Report

Arguably, public enforcement of the prohibition of exclusionary rebates in the EU is in a transition phase. Yet, unless the EU Commission jettisons its current “belt and suspenders” approach and brings its statements to the European courts in line with the modern, economics-based policy it claims to be following, this phase may be long-lasting, says Frédéric Louis of WilmerHale.

The Ticketmaster/Live Nation Consent Decree

The remedies to the merger of Ticketmaster Entertainment Inc. and Live Nation Inc. may portend increased openness by the U.S. Department of Justice to behavioral decrees and a preference for the identification of buyers “up front.” Also of interest is the DOJ’s oblique treatment of vertical integration and "bundling," say Deborah Garza and Elizabeth Arens of Covington & Burling LLP.

Agreements Under Canada’s New Competition Regime

The most extensive amendments to Canada's Competition Act in over two decades will go into effect March 12. Firms need to be mindful of these changes and take them into consideration when assessing the legality of existing arrangements or negotiating new commercial agreements or practices, say Peter Franklyn and Kaeleigh Kuzma of Osler Hoskin & Harcourt LLP.

US Discovery For Canadian Class Actions

In this increasingly global economy, competition is no longer localized to one region, state or country. Antitrust and unfair competition lawsuits are now reaching across national borders. Today, “copycat” class actions, based on U.S. proceedings, are common in Canada, says Kate Wallace of Jones Day.