Law, Strategy, and Risk in Commercial Disputes
Today the Second Circuit upheld a judgment against cigarette makers who claimed that two New York statutes violated section 1 of the Sherman Act and the commerce clause of the U.S. Constitution. Freedom Holdings, Inc. v. Cuomo, No. 09-0547-cv (2d Cir. Oct. 18, 2010).
The Empire State passed the laws — which the court…
The attorneys-general of eight states plus the Antitrust Division of the U.S. Department of Justice have settled antitrust claims against Visa and MasterCard over their restrictions on merchants' freedom to steer customers away from cards that carry high acceptance charges.
They also sued American Express after it declined to settle.
The pact with Visa and MasterCard…
The Antitrust Division over at the U.S. Department of Justice has gotten busy.
Blawgletter mentioned in February 2009 that the AD had confirmed a probe of companies that make compressors for such like as refrigerators and freezers.
This Thursday, the Division disclosed that "Panasonic Corporation and a Whirlpool Corporation subsidiary, Embraco North America Inc., have…
Six of the world's biggest air cargo freight-forwarders have signed up to plead guilty to participating in international price-fixing conspiracies and to pay fines totaling just north of $50 million, the Antitrust Division of the U.S. Department of Justice disclosed today.
Freight forwarders serve as the middle persons between outfits that have cargo to ship and carriers that can…
China Airlines, Ltd., a Taiwan carrier, has agreed with the Antitrust Division of the U.S. Department of Justice to plead guilty to price-fixing charges for air cargo services to and from the United States and to pay a $40 million fine, the DOJ announced on Monday.
The deal will bring the total fines the DOJ…
Google agreed with other high tech giants not to cold call each other's employees with a view to poaching them. The deals included Intel, Apple, Pixar, Intuit, and Adobe Systems.
Yesterday, the Antitrust Division of the U.S. Department of Justice said it reached a different kind of deal — a five-year agreement with the companies…
A 2-1 panel of he Tenth Circuit today affirmed a $16.5 million award to a subclass of AT&T's California residential landline customers for overcharges on the carrier's contributions to the Universal Service Fund. Cummings v. AT&T Corp., No. 09-3059 (10th Cir. Sept. 20, 2010) (applying New York law).
A Kansas City jury found in November 2008…
The Third Circuit has ordered rehearing by the full court in a sprawling antitrust case against price-fixer and market-allocator DeBeers.
The order vacated a panel decision that mainly upheld denial of class certification. Blawgletter did a short review of the decision in Third Circuit Cuts Global Diamond Class. There we said:
DeBeers, the diamond behemoth,
…
Seldom does Blawgletter get the pleasure of reading an Intriguing and Forceful Analysis of a recent and important court of appeals decision. Our dear friend Sam Simon blessed us with his views about In re Ins. Brokerage Antitrust Litig., No. 07-4046 (3d Cir. Aug. 16, 2010) (post here), today. And, with his kind…
The Third Circuit came out last week with a 200-page rumination on the post-Twombly plausibility of conspiracies under section 1 of the Sherman Act (and the Racketeer-Influenced and Corrupt Organizations Act). In re Ins. Brokerage Antitrust Litig., No. 07-4046 (3d Cir. Aug. 16, 2010).
The court upheld dismissal of hub-and-spoke conspiracy claims that…