Foley & Lardner: Three Steelmakers Raided in Antitrust Investigation

by Brandi Walkowiak On February 28, 2013, Germany's Federal Cartel Office ("GFCO") searched the offices of three steelmakers as part of an antitrust investigation into steel supplies to the automotive industry. Specifically, GFCO raided the offices of Voestalpine, ThyssenKrupp, and...

Jury Finds Chinese Vitamin C Makers Fixed Prices; $153.3M Judgment Entered

NEW YORK- (Mealey's) A federal judge in New York on March 14 entered judgment for $153.3 million after trebling a jury's $54.1 million verdict in favor of a direct purchaser class on its allegations that Chinese corporations participated in an illegal cartel to fix prices and limit supply...

High Court: Class Certification in Antitrust Case Was Improper

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court today ruled 5-4 that a district court may not certify a class action under Federal Rule of Civil Procedure 23(b)(3) without resolving whether the class has introduced admissible evidence, including expert testimony, to show that the case is...

Big News: Consolidated LIBOR-Scandal Antitrust and RICO Claims Dismissed

On March 29, 2013, in a ruling that she acknowledged some might find to be "unexpected" in light of the substantial regulatory fines and penalties that some of the defendants have paid, Southern District of New York Naomi Reice Buchwald granted the defendants' motions to dismiss the...

U.S. Supreme Court to Rule on State’s Case Qualifying as Mass Action

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on May 28 granted a petition for writ of certiorari in a dispute over whether a state's parens patriae lawsuit may be removed to federal court as a "mass action" under the Class Action Fairness Act (CAFA) ( State of Mississippi...

High Court: Class-Action Waiver in Arbitration Clause Is Valid in Antitrust Case

WASHINGTON, D.C. - (Mealey's) A mandatory class action waiver clause in American Express Co.'s (AmEx) standardized service contract is enforceable under the Federal Arbitration Act (FAA), even if the cost of individual arbitration of merchants' antitrust claims is prohibitively high, ...

More About Stories We're Following: Libor Scandal, FIRREA, Chinese Company Securities Suits

NCUA Files Libor Manipulation Antitrust Suit: Even though the federal judge presiding over the consolidated Libor antitrust litigation has granted the defendants’ motion to dismiss the antitrust claims, the federal credit union regulatory agency has filed a new action against Libor rate-setting...

DOJ to Drop Antitrust Case If US Airways, American Give Slots to Low-Cost Carriers

WASHINGTON, D.C. — (Mealey’s) The U.S. Department of Justice (DOJ) on Nov. 12 proposed a final judgment with US Airways Group Inc. and American Airlines Inc. under which the DOJ would drop its merger antitrust lawsuit against the airlines if they divest slots and gates at key constrained...

U.S. Supreme Court Denies Stay of American Airlines Merger With US Airways

WASHINGTON, D.C. — (Mealey’s) U.S. Supreme Court Justice Ruth Bader Ginsburg on Dec. 8 denied an emergency application by individual airline customers seeking to prevent the merger of bankrupt American Airlines Inc. and US Airways Group Inc. The customers had argued that the merger violates...

Health Care Reform and the Antitrust Laws: Big Concerns for Health Care Organizations and Their D&O Insurers

In a recent industry study concluding that health care organizations face increasing rates for management liability insurance, as well as tightening terms, one of the explanations suggested for these restrictive conditions is that the carriers are concerned that as health care organizations respond to...

LCD Court Dismisses Motorola’s Multi-Billion Dollar Antitrust Claims Based On Overseas Purchases

by Dylan Ballard and Nadezhda Nikonova On January 23, in a landmark decision that is one of the most important yet to be handed down in the sprawling LCD antitrust litigation pending in various federal courts since 2006, Judge Joan Gottschall of the Northern District of Illinois dismissed plaintiff...

Bundled Discounts Subject to Section 1/Clayton 3 Scrutiny In the Absence of Market Power and Substantial Foreclosure?

by Bruce Colbath Bundled discount programs have received significant antitrust scrutiny over the past decade, even though these marketing programs may benefit both consumers and competition. Typically, bundled discounts have been evaluated as either exclusive dealing or tying arrangements under Section...