The Federal Trade Commission's Bureau of Competition enforces U.S. pro-competition laws in tandem — and at times in competition with — the Antitrust Division of the Department of Justice. Like its DOJ cousin, the Bureau seeks to curb anticompetitive conduct, such as price-fixing and rivalry-reducing mergers. And, more so than in the recent past, it has taken action to
Third Circuit Cuts Global Diamond Class
DeBeers, the diamond behemoth, limited supply of and fixed prices on sparklies for years and years and in all 50 states plus the District of Columbia. But it sold to only a small group of outfits, none of which dared sue the font of their mercantile wealth.
That didn't stop indirect purchasers from bringing cases
Tougher Merger Tests Emerge; Request for Public Comment
If you, like Blawgletter, wondered when U.S. antitrust watchdogs would announce new standards for judging whether M&A deals have hurt or would injure competition, wonder no more.
On April 20, the Antitrust Division of the Department of Justice and the Federal Trade Commission put out for public comment a new set of "Horizontal Merger Guidelines
Fifth Circuit Dumps Antitrust Case for Lack of Plausible Geographic Market
Plaintiffs who sue under section 1 of the Sherman Act must allege a contract, combination, or conspiracy that restrains competition. Some kinds of conspiracies so patently harm competition that courts presume injury and call them "per se" violations. Agreements between competitors to fix prices, not to compete for specific customers or in particular areas, and to boycott
Do Merger Guidelines Matter in Monopolization Cases?
The head of the DOJ's Antitrust Division, Christine Varney, has done a lot to change the Division's orientation on enforcement of Sherman Act section 2, which makes monopolization and attempts to monopolize unlawful. A big step involved withdrawing the section 2 "report" that the AD issued under Ms. Varney's predecessor. She has also joined with
Twombly? You Can’t Handle the Twombly!; Second Circuit Upholds Price-Fixing Complaint
The Second Circuit did a brave thing today. It tossed dismissal of a price-fixing complaint that centered on "parallel" conduct — the very thing the Supremes disparaged as a basis for stating a section 1 Sherman Act claim in Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007).
The case involved allegations that major
Third Circuit Tosses Price Discrimination Claim
The Robinson-Patman Act came out of the Great Depression. It aimed to stop big department stores from using their buying power to crush mom and pop stores with lower retail prices. But its language applied broadly, barring any substantial discrimination in price.
Courts have tried to manage the reach of RPA by expansively applying statutory defenses, creating
Eighth Circuit Equates Medicaid to Private Insurance as Basis for Antitrust Claim-ectomy
Blawgletter wishes you a happy new year. Now back to work!
The Eighth Circuit ended its 2009 with a ruling in an antitrust case. The decision turned on market definition — a key battle in cases that don't involve per se unlawful things like cartels that fix prices, restrict output, or allocate customers or territories. (Market
Will $1.25B Intel/AMD Deal Prompt Chip Buyers to Sue?
You could put an eye out with that gavel.
Intel Corporation has made peace with Advanced Micro Devices, Inc., the companies announced in IDENTICAL press releases today (here and here). The money part said:
[Blah blah blah,] and Intel will pay AMD $1.25 billion. Intel has also agreed to abide
State Insurance Law Can’t Stop Arbitration, En Banc Fifth Circuit Holds
Have you ever heard of the McCarran-Ferguson Act? Not long ago, half a century after its passage, the statute became a low-key but key part of the healthcare reform debate.
The WWII-vintage statute, you see, generally exempts insurers from federal antitrust law. That means health (and other) insurers can collude to fix premiums, rig bids, allocate