News & Analysis as of

Sherman Act Antitrust Provisions Price-Fixing

Ward and Smith, P.A.

Antitrust Compliance for North Carolina Construction Companies: Avoiding Legal Pitfalls

Ward and Smith, P.A. on

For construction company owners and managers, understanding antitrust laws and implementing effective compliance measures isn't just good business practice, it's essential protection against potentially devastating legal...more

A&O Shearman

Fourth Circuit Affirms Denial Of Class Certification In Coupon Services Price Fixing Case

A&O Shearman on

On February 12, 2025, the Fourth Circuit Court of Appeals affirmed the decision of the United States District Court for the Middle District of North Carolina not to grant class certification in a 17-year-old lawsuit accusing...more

Wilson Sonsini Goodrich & Rosati

Wilson Sonsini Global Cartel Law Quarterly Q4 2024 / Q1 2025

The firm is pleased to distribute the Wilson Sonsini Global Cartel Law Quarterly Q4 2024 / Q1 2025, which provides a summary of key cartel enforcement trends across the U.S., Europe, and beyond. A “cartel” under competition...more

Ballard Spahr LLP

Antitrust Enforcement in the Procurement Space During the Second Trump Administration

Ballard Spahr LLP on

Although the scope of federal antitrust enforcement under the second Trump administration remains uncertain, the Procurement Collusion Strike Force (PCSF) is expected to remain active. The PCSF, which was started by the first...more

Holland & Knight LLP

Gibson Decision Hands Atlantic City Casino-Hotels Dismissal of Price-Fixing Claims

Holland & Knight LLP on

As Holland & Knight's Antitrust Team previously reported, the U.S. District Court for the District of Nevada in May 2024 dismissed with prejudice a putative class action alleging that a handful of Las Vegas hotel operators...more

BakerHostetler

Ninth Circuit Says Political Question, Act of State Doctrines Bar Gasoline Consumers’ Price-Fixing Claims

BakerHostetler on

On September 16, the Ninth Circuit Court of Appeals upheld a United States District Court’s dismissal of a proposed class action by gasoline consumers against several energy companies in D’Augusta v. American Petroleum...more

The Volkov Law Group

Antitrust Division Indicts Company, Executive and Employee for $100 Million Price-Fixing Conspiracy

The Volkov Law Group on

DOJ’s Antitrust Division has been relatively quiet in prosecuting criminal cartel or bid-rigging cases.  Since 2015, the Antitrust Division’s criminal enforcement has fallen from the billions in penalties each year to the...more

WilmerHale

The Interplay Key Decisions at the Intersection of Antitrust and Life Sciences - June 2024

WilmerHale on

Court Orders Delisting of Patents from Orange Book and Denies Motion to Dismiss Antitrust Counterclaims for Improper Orange Book Listings. On June 10, Judge Stanley Chesler of the District of New Jersey entered judgment on...more

Mogin Law LLP

Algorithmic Price-Setting by Multiple Competitors is a U.S. Antitrust Enforcement Priority

Mogin Law LLP on

For the third time in as many months, the U.S. federal antitrust enforcement authorities -- the Federal Trade Commission and the Antitrust Division of the Department of Justice -- have filed a statement of interest in an...more

Mintz - Antitrust Viewpoints

Senators Consider Reforms to Antitrust Law to Address Algorithmic Price-Fixing and Self-Preferencing — AI: The Washington Report

Welcome to this week's issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. This week, we discuss the Senate Judiciary Committee’s December 13, 2023 hearing...more

Troutman Pepper Locke

Antitrust Criminal Enforcement on the Horizon

Troutman Pepper Locke on

With the end of summer and fall right around the corner, the U.S. Department of Justice (DOJ), Antitrust Division is gearing up for several crucial displays of its criminal enforcement priorities across multiple...more

Mintz

The Last Remaining FX Defendant Prevails at Trial

Mintz on

Introduction - Class Plaintiffs in the case of In re Foreign Exchange Benchmark Rates AntiTrust Litigation alleged that Defendant banks conspired to fix prices in the foreign exchange (“FX”) market in violation of Sections 1...more

The Volkov Law Group

DOJ Snares Two More Guilty Pleas in Ongoing Criminal Investigation of Commercial Flooring Business

The Volkov Law Group on

The Justice Department’s Antitrust Division has had a rough year in the criminal arena.  While the Antitrust Division has aggressively blocked several proposed mergers, it has lost several significant criminal cases. ...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel - Q1 2022

Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more

Morgan Lewis

DOJ's Antitrust Division Convicts Seventh Foreign Executive Following Extradition Proceedings

Morgan Lewis on

The latest extradition of a foreign executive highlights ongoing efforts by the US Department of Justice’s Antitrust Division to arrest foreign executives abroad in order to face charges in the United States....more

Hogan Lovells

Antitrust Division ends the year with two trial victories

Hogan Lovells on

Over the last several weeks, the Antitrust Division of the Department of Justice (the Division) obtained two recent trial victories, providing much-needed wins after the October 2018 acquittal of three foreign-exchange...more

ArentFox Schiff

FTC Antitrust Decision Provides A Reminder: Emails and Texts Can and Will Be Used Against You

ArentFox Schiff on

The Federal Trade Commission issued a decision last week illustrating that even sophisticated executives need reminding that emails and texts will be “Exhibit A” of an antitrust violation. After a multi-week trial, an FTC...more

Foley & Lardner LLP

Antitrust Scrutiny of Technology Companies Continues to Expand

Foley & Lardner LLP on

Governmental and private antitrust actions against technology companies expanded in 2018 and 2019, particularly relative to electronics and pharmaceutical companies.  This post provides an overview of several important...more

K&L Gates LLP

I Got 99 Problems But a Pricing Policy Ain’t One: Unilateral Policies Are 99 Years Old And Still the Safest And Most Effective...

K&L Gates LLP on

Over 99 years ago, on June 2, 1919, the United States Supreme Court held in U.S. v. Colgate & Co. that the Sherman Act does not prevent a manufacturer from: 1) unilaterally announcing prices at which goods may be advertised...more

Faegre Drinker Biddle & Reath LLP

Beware of Antitrust Risks When Settling Lawsuits With Competitors

Bad press. Burdensome and costly document and data collections. Unpredictable outcomes. The sometimes-slow pace of justice. It’s easy to understand why parties often prefer early settlement to fighting a lawsuit through trial...more

Foley & Lardner LLP

New Types of Section 337 Investigations at the International Trade Commission

Foley & Lardner LLP on

Most Section 337 investigations allege violations of intellectual property (“IP”) based rights involving patent, registered trademark, or registered copyright infringement (“statutory IP claims”). In such cases, the...more

Holland & Knight LLP

Trump DOJ’s Antitrust Enforcement Policies Are Predictably Unpredictable

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More than 40 years ago, the Supreme Court determined that efficient enforcement of the Sherman Act required a bright-line rule, with very limited exceptions, barring antitrust claims by "indirect purchasers"—end customers who...more

Proskauer - Minding Your Business

Does What Happens Outside the U.S. Stay Outside the U.S.?

As the economy continues to globalize, so too does the reach of antitrust law. Two recent cases illustrate the interaction between international trade and U.S. antitrust law: Biocad v. F. Hoffman-La-Roche Ltd. and In re...more

Patterson Belknap Webb & Tyler LLP

Are Restaurant No-Tipping Policies the Product of an Antitrust Conspiracy?

In July of 2013, Danny Meyer, the CEO of the Union Square Hospitality Group, tweeted that he was considering eliminating tipping at his restaurants and solicited the opinion of other restaurant owners. Meyer and others...more

Patterson Belknap Webb & Tyler LLP

International Comity: Supreme Court Considers Vitamin C Price Fixing Lawsuit

On Monday, just a few days after the Justices of the Supreme Court conferred on the cert petition in the Vitamin C price fixing antitrust case, the Court asked the Acting Solicitor General to file a brief “expressing the...more

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