PsyStar Strikes Back at ... Aug 31, 2008
PsyStar's counterclaim charges Apple (NASDAQ: AAPL) with restraint of trade, unfair competition and other violations of antitrust law. PsyStar's counterclaim seeks unspecified compensation and "a declaration as to APPLE'S illicit behavior.". (InternetNews.com)
Psystar: Apple Is a Monopoly Aug 30, 2008
Psystar charged Apple with restraint of trade, unfair competition and other violations of antitrust law in a 54-page complaint filed in the Northern California Division of the United States District Court and emailed to reporters ... " As proof, Psystar said that a MacBook with a 2.1GHz Intel Core 2 Duo processor, 1GB memory, 120GB hard drive, and combo drive sells for approximately $1,099.00 from the apple.com website. A similarly configured computer running retails at dell.com for... (PC Magazine)
Bankruptcy Filing Nudges Alitalia Toward a Rescue Aug 30, 2008
The Italian cabinet agreed on Thursday to suspend an antitrust law intended to prevent industrial concentration, and to extend the so-called Marzano law to give Alitalia protection from its creditors while its assets are sold. The new airline would control up to 65 percent of the Italian aviation industry a level that analysts said would be below the 70 percent to 80 percent enjoyed by other national carriers in Europe. (Atlanta Journal-Constitution -- Business)
Antitrust regulators OK Finmeccanicas $4B takeover of DRS Aug 30, 2008
The Department of Justice and Federal Trade Commission have granted early termination of the waiting period under antitrust law in connection with s proposed $4 billion takeover of DRS.. DRS agreed to Finmeccanica s buying DRS for $81 per share. (St. Louis Business Journal, MO)
Alitalia gets 'chairman in waiting' as rescue plan proceeds Aug 29, 2008
The Italian cabinet agreed Thursday to suspend an antitrust law designed to prevent industrial concentration, and to extend the so-called Marzano law, introduced at the time of the Parmalat insolvency in 2003, to give Alitalia protection from its creditors while its assets are sold. That sets the stage for the merger between the profitable parts of Alitalia and Air One, a smaller, private Italian airline, under a plan drawn up by the Italian bank, Intesa Sanpaolo. (International Herald Tribune -- Business)
Pystar countersues Apple on antitrust grounds Aug 29, 2008
the 54-page complaint, filed in U.S. District Court for Northern District of California, charges Apple with restraint of trade, unfair competition, and other violations of antitrust law. Miami-based Psystar, owned by Rudy Pedraza, requests that the court find Apple's end-user license agreements (EULA) void, and seeks unspecified compensatory and punitive damages. (CNET News)
P&G SEC filing confirms antitrust probes Aug 29, 2008
Competition and antitrust law investigations often continue for several years and can result in substantial fines if violations are found, the company said. The company did note in its filing that during the fiscal year just ended, certain subsidiaries in Germany received a formal complaint alleging violations of antitrust laws. (San Diego Union-Tribune -- Business)
FTC denied hearing in Rambus fight Aug 28, 2008
In April, the same court overturned an order by the FTC that said Los Altos-based Rambus (NASDAQ:RMBS) had violated antitrust law by failing to disclose patents it held. In 2006, the FTC ruled that Rambus illegally obtained a monopoly during the 1990s by obtaining patents for two types of memory chips used in PCs. (San Jose Business Journal, CA)
Duke settles Ohio lawsuit Aug 20, 2008
It alleges Charlotte-based Duke (NYSE: DUK) violated U.S. antitrust law and engaged in an illegal conspiracy with numerous large commercial and industrial customers including , , , and by paying millions of dollars in kickbacks so they would not oppose Duke s request for an electric rate hike. That lawsuit is still proceeding in U.S. District Court in Columbus, Ohio. (Charlotte Business Journal, NC)
Duke, Deeds settle whistleblower suit Aug 19, 2008
It alleges that Charlotte, N.C.-based Duke (NYSE: DUK) violated U.S. antitrust law and engaged in an illegal conspiracy with numerous large commercial and industrial customers including , , , and by paying millions of dollars in kickbacks so that they would not oppose Duke s request for an electric rate hike. That lawsuit is still proceeding in U.S. District Court in Columbus. (Cincinnati Business Courier, OH)
Udall's U-turn on oil exploration Aug 18, 2008
Declare oil cartels like OPEC to be in violation of U.S. antitrust law, even though most high school seniors - not to mention Members of Congress - are smart enough to know that our laws do not apply to foreign oil companies. Oppose making abandoned military bases available for construction of new oil refineries, oblivious to the reality no new American oil refineries have been constructed since 1976, increasing our dependence on foreign refineries. (Townhall.com)
Price-fixing comes back after Supreme Court ruling Aug 18, 2008
For the better part of a century, punishing retailers for selling at cut-rate prices was an automatic violation of antitrust law. However, a Supreme Court ruling last year involving handbag sales at a Dallas mom-and-pop store, Kay's Kloset, upended that original 1911 precedent, potentially altering the face of U.S. discount retailing. (The Trentonian, NJ)
Left Sees Colorado as National Model Aug 12, 2008
What antitrust law restrains the progressive cartel. Such are the questions conservatives need to ponder about the "Colorado Model" as Howard Dean and the Obamaniacs get ready for their big do in Denver later this month. (Townhall.com)
Candidate vows to put public safety first Aug 7, 2008
Before that, he was a partner in the Phoenix firm Brown P.A., where he specialized in commercial litigation and antitrust law and managed the firm's pro bono efforts. A vision. (AZCentral -- News)
Specific guidelines set for new Anti-Monopoly Law Aug 6, 2008
The antitrust law, China's landmark law in encouraging fair competition, was passed last year after 15 years of discussion. However, the long-awaited law is limited and only set up principles on monopoly and fair competition. (Xinhuanet, China)
Editorial: Health insurer merger worthy of scrutiny Aug 4, 2008
Kohl, chairman of the subcommittee that oversees antitrust matters, said the number of health insurers nationally has fallen 20 percent since 2000 and he questioned whether the Justice Department has done enough to enforce antitrust law in the industry. David Balto, a senior fellow at American Progress focusing on competition policy, intellectual property law, and health care, was very specific in his fears about health insurance mergers. (The Delaware County Times, PA)
Subcommittee reviews proposed Pa. merger Aug 1, 2008
Kohl, chairman of the subcommittee that oversees antitrust matters, said the number of health insurers nationally has fallen 20 percent since 2000 and he questioned whether the Justice Department has done enough to enforce antitrust law in the industry. He said he planned more hearings on the issue and has sought an investigation by the Government Accountability Office. (Somerset Daily American, PA)
Horsemen seek dismissal of Churchill suit Jul 31, 2008
The motion was filed in response to a lawsuit against the groups in which Churchill Downs Inc. has alleged that the groups are in violation of the Sherman Act, an antitrust law. Earlier this year, the Kentucky horsemen's association balked at giving Churchill Downs approval to send its signal to account-wagering sites unless the track reached agreements with account-wagering companies giving horsemen one-third of the revenue from betting through the operations. (ESPN -- Horse Racing)
Abbott Rebound Masks Pending Norvir Verdict Signaling Lost Revenue, Income Jul 31, 2008
It disputes claims by a patients' expert that it controls 73 percent of the market, above the 65 percent share needed under antitrust law to show market power ... The pharmacy and drug companies may seek that amount in damages, which can be tripled under antitrust law to $1. (Bloomberg)
China trade gap seen costing 60,000 Mass. jobs Jul 30, 2008
In a 2-1 decision, the Appeals Court in Washington ruled that a district judge should have taken more time to consider Federal Trade Commission claims that the purchase violated antitrust law and would hurt consumers. The appeals panel sent the case back to the lower court to reconsider its decision. (Boston Globe)
Memo To McCain: T.R. Wasn't A Conservative Jul 17, 2008
Although the Sherman Act had been on the books since 1890, antitrust law was in its infancy. Roosevelts own approach to monopoly was emotional and neurotic. (CBS News)
Surprise: Apple sues Mac-clone maker Psystar Jul 16, 2008
Does Apple violate U.S. antitrust law. We will have to wait until we have more visibility what the outcome of this case may be. (TG Daily)
Profit rises 25% at Intel on strong global demand Jul 16, 2008
The company was also fined $25 million by the Fair Trade Commission of South Korea, which charged that it had violated antitrust law there. Still, Intel has continued to benefit from the missteps of its chief rival, Advanced Micro Devices, which for the last year and a half has endured product delays, technical problems and high costs related to its acquisition of the graphics chip maker ATI Technologies. (International Herald Tribune)
Justice Dept. sued over political bias Jul 8, 2008
"The irony," said Gerlich, a young lawyer who now works for a firm in Brussels, "is I'm not actually especially liberal, particularly as regards antitrust law, the area in which I applied. I'm right of center.". Attorney General Michael B. Mukasey said that the department had overhauled its hiring practices in advance of the inspector general's report and reiterated that politics should play no role in prosecutions. (Boston Globe)
DHL-UPS deal threatens Astar Jul 8, 2008
Peter Swire, who teaches antitrust law at , would not offer an opinion on the legality of the DHL-UPS deal, but said "it's an uphill battle to convince the current Justice Department to bring this sort of enforcement action.". I'll probably end up in bankruptcy. (South Florida Business Journal, FL)
Regulators take aim at 'collecting societies' for music Jul 7, 2008
The planned measures have sparked fury among some prominent composers and songwriters, who say Kroes is expanding the reach of antitrust law into one area - the cultural domain - where it will do more harm than good. "He or she who writes a piece of work should have the right to that piece of work, own it, and have control of it, and for life and for their families," said Robin Gibb, one of the brothers behind the disco-era group the Bee Gees, during a news conference last week. (International Herald Tribune)
Google, the new master of network effects Jul 7, 2008
Under Gates, Microsoft also challenged the conventional wisdom about competition, business strategy and even antitrust law ... The study of networked businesses, market competition and antitrust law is being reconsidered in a new context, shaped by Google. (International Herald Tribune)
Morrison & Foerster Adds National Group of Accomplished IP Litigators Jun 25, 2008
Mr. Hadjis, who serves as lead trial counsel before the federal district courts and the U.S. International Trade Commission in complex patent cases, frequently handles cases that involve the nexus of IP and antitrust law, along with industry technology standards disputes. Among his noteworthy trial wins, Mr. Hadjis applied an antitrust-based patent misuse defense against Philips in a case before the ITC involving recordable and rewritable compact discs. (PR Newswire)
Russian league remains open to signing NHLers Jun 25, 2008
Led by Metallurg Magnitogorsk, Russian clubs sued in October 2006, claiming that the NHL broke U.S. antitrust law and improperly interfered in their business affairs by signing away players, including Malkin, who were still under contract. Malkin was cleared to play for the Penguins only after a U.S. federal judge denied the Russians' claim. (ESPN -- NHL)
Antitrust Amnesty Deal Blows Up in DOJ's Face Jun 21, 2008
The case is significant, says Gary Roberts, dean of the Indiana University School of Law at Indianapolis and an antitrust law professor, because it sets a unique precedent: No company has ever sued to enforce any type of nonprosecution agreement with the Justice Department ... O'Brien resigned March 1 and later sued Stolt, saying he was forced to quit because of "ongoing criminal conduct" that violated antitrust laws. (Law.com)
Pfizer, Ranbaxy deal would delay generic Lipitor Jun 18, 2008
The agency has been battling similar agreements among drugmakers for years, arguing they violate antitrust law and keep drug prices high. Reid said Pfizer's agreement with Ranbaxy should not raise such concerns at the FTC because it involves no payments and complies with all applicable laws. (International Herald Tribune -- Health)
Google prepping broadband-monitoring tools Jun 16, 2008
In response, the Federal Communications Commission announced it would , and in May, a that would rewrite U.S. antitrust law to prohibit network operators like AT&T and Comcast from blocking, impairing, or discriminating against "lawful" Internet content, applications, and services or charging extra fees for "prioritization or enhanced quality of service.". Google has long argued that it's necessary to enact new regulations barring such activity, while broadband operators like AT&T and Comcast... (CNET News)
Yahoo-Google ad pact raises antitrust eyebrows Jun 14, 2008
The new partners said they will wait 3 1/2 months to implement the deal, even though they aren't required to do so under antitrust law. A pact between Yahoo and Google had been widely expected in the wake of a two-week ad test the two companies tried in April that both described as successful. (San Francisco Chronicle)
Discover Seeks $6 Bln in Case Vs Visa, MasterCard Jun 10, 2008
NEW YORK (Reuters) - Discover Financial Services wants roughly $6 billion in damages from larger rivals Visa Inc and MasterCard Inc in a long-running antitrust lawsuit, court documents made public on Monday show ... Discover contends that Visa and MasterCard violated antitrust law and harmed Discover's business by preventing their member banks from issuing credit cards for Discover's network. (ABC News -- Wire)
U.S. firms turning to EU in antitrust cases Jun 5, 2008
"It's an interesting thing why most of the complainants in these dominance cases in Europe happen to be American," said C. Boyden Gray, the U.S. ambassador to the European Union, at a recent panel discussion on antitrust law ... Thomas Vinje, a lawyer representing the European Committee for Interoperable Systems, a Brussels group that includes rivals of Microsoft, said that while there were differences between U.S. and European antitrust laws, the bigger difference has been in the enforcement of... (International Herald Tribune)
AMD-Intel suit may set antitrust precedent Jun 1, 2008
A mammoth antitrust lawsuit will creep forward Thursday when Advanced Micro Devices asks a federal court in Delaware for permission to depose about 400 chip and computer industry executives to gather evidence supporting its allegations that Intel Corp. used unfair discounts and other illegal tactics to suppress competition ... "There are raging disputes among antitrust authorities all over the world about the extent to which antitrust officials should regulate the conduct of a single company,"... (San Francisco Chronicle -- Business)
The 50 Most Influential Minority Lawyers in America May 31, 2008
James has been active in numerous professional and public service organizations, including the American Bar Association's sections of Business Law and Antitrust Law. Jeh C. Johnson 50, Paul, Weiss, Rifkind, Wharton & Garrison, New York. (Law.com)
Google says Yahoo deal won't upset regulators May 23, 2008
"There is nothing in antitrust law that says a company can't use the best technology," said one person involved in confidential discussions of the deal. "It can't be bad for competition to help a company become more efficient.". (International Herald Tribune -- Technology)
Faculty, alumni elected to American Philosophical Society May 16, 2008
Stevens formed his own law firm and taught antitrust law at the University and Northwestern law school. He served as associate counsel of a House of Representatives subcommittee studying monopoly power, as a member of the attorney general s committee to study antitrust laws and as general counsel to an Illinois commission investigating the conduct of state Supreme Court justices. (Univeristy of Chicago Chronicle, IL)
Rio Tinto: BHP and China at odds over Chinese antitrust requirements, sources say May 14, 2008
However, it is understood that the Chinese antitrust law which is set to be introduced on 1 August 2008 can act retrospectively and will have some opinions on the BHP/Rio Tinto mega-merger. A source close to BHP said that Chinese antitrust approval is unlikely to be required for the deal to complete. (FT.com -- Markets)
New bill ties net neutrality to antitrust law May 9, 2008
Earlier this week, we in Congress over a bill that would define net neutrality as part of the nation's official broadband policy and direct the FCC to ensure that it happens. But regulating communications may not be the only way to get net neutrality enacted; a bill introduced today by Representatives John Conyers (D-MI) and Zoe Lofgren (D-CA) treats it as an antitrust issue and amends the Clayton Act accordingly. (Ars Technica)
Drug company payoffs to stall generics under U.S. government scrutiny May 8, 2008
The Federal Trade Commission and some lawmakers are attempting to prevent major pharmaceutical companies from paying generic drug makers to delay putting less expensive medicines on the market, saying the practice violates antitrust law ... "This is a major priority for the commission because we strongly believe these deals violate the antitrust laws," Leibowitz said ... The FTC says such payments violate antitrust law by dividing up the market. (International Herald Tribune -- Business)
EU drops cartel charges against sea transport companies May 8, 2008
The EU charges were filed in April 2007, several years after the U.S. Department of Justice said Odfjell and Stolt-Nielsen fixed the cost of shipping bulk chemicals, edible oils, acids and other specialty liquids in violation of U.S. antitrust law. U.S. regulators settled with Odfjell in 2003, allowing the company to pay a fine over five years. (International Herald Tribune -- Sports)
Defending Hillary May 8, 2008
Even if OPEC were a country by some arcane legal definition, that still wouldn't immunize it in any legitimate way from antitrust law. Sen. (Slate)
Doctors Reconsider Antibiotics for Chronic Lyme Disease May 7, 2008
The issue involves antitrust law, Blumenthal said, because the panel excluded some opinions and evidence that may have supported other treatments in development, including vaccines. Blumenthal's office did not take a position on the proper treatment of the disease or whether chronic Lyme disease exists. (FOXNews)
Groundhog Day: Clinton, Obama Go for KO May 7, 2008
Obama attacked Clinton as a phoney for her new campaign rhetoric about changing antitrust law to sue the Organization of the Petroleum Exporting Countries or OPEC, the 12-member nation organation that sets worldwide oil production. "You say you've been in the White House for eight years, you've had two terms as U.S. Senator and haven't said a word about OPEC and now suddenly you're gonna take it right to OPEC?" he said. (ABC News)
Norbord settles US antitrust lawsuits May 5, 2008
"We are certain that Norbord has not violated the law. However, jury trials are inherently unpredictable and we could not guarantee a positive verdict. Given this risk, the magnitude of the plaintiffs' claims and the fact that any damages would be tripled under US Antitrust law, going to trial would have been irresponsible because it would have put the entire company at risk." Norbord Inc. is an international producer of wood-based panels and is a publicly traded company listed on the TSX under... (Canada Newswire)
Norbord settles U.S. antitrust case for $30-million May 5, 2008
Given this risk, the magnitude of the plaintiffs' claims and the fact that any damages would be tripled under U.S. antitrust law, going to trial would have been irresponsible because it would have put the entire company at risk. Recommend this article. (Globe and Mail -- Business)
Weyerhaeuser fined $28 million in alder log monopoly case May 2, 2008
Under federal antitrust law, the fine will triple to $84 million Wednesday, April 30, 2008AMY HSUAN The Oregonian Staff ... Under federal antitrust law, the award will be tripled to $84 million, making it the biggest-ever antitrust verdict in Oregon or Washington. (OregonLive, OR -- Business)
Forest firm fined for alder log monopoly May 2, 2008
Under federal antitrust law, the award will be tripled to $84 million, making it the biggest-ever antitrust verdict in Oregon or Washington. The company, based in Federal Way, Wash. (OregonLive, OR -- Business)
Kentucky Speedway appeal labels NASCAR as 'monopolist' May 2, 2008
Courtesy of Kentucky Speedway The Kentucky Speedway in Sparta is appealing a federal court s decision to dismiss an antitrust lawsuit against NASCAR. The track seeks hundreds of millions of dollars in damages ... The threshold issue as the District Court saw it was whether NASCAR's Cup stock car racing series (formerly Winston Cup, and now Sprint Cup) constitutes a distinct "relevant market" for the purposes of federal antitrust law. (Cincinnati Business Courier, OH)
Appeals court overturns FTC order versus Rambus Apr 23, 2008
The U.S. Court of Appeals for the District of Columbia which had said the failure to disclose the patents constituted a violation of antitrust law and had ordered Rambus in February 2007 to stop collecting some patent royalties. The FTC amended that order in March 2007 to allow the royalties to be collected but put into escrow. (EETimes)
Cheap shots on the BCS Apr 22, 2008
They are saying that the BCS may be an illegal enterprise that violates antitrust law. Let me help the gentlemen from Georgia (Lynn Westmoreland), Idaho (Mike Simpson), and Hawaii (Neil Abercrombie). (Atlanta Journal-Constitution -- Sports)
Congressmen want Justice Dept. to probe BCS Apr 18, 2008
Three lawmakers believe BCS is in violation of antitrust law. Congressmen have home-state ties to schools angry at BCS. (SportsIllustrated.CNN)
Senators look into treatment, wages of Fla. tomato pickers Apr 16, 2008
Brown said legal advisers warned the growers they could be open to antitrust lawsuits and even federal fraud charges if they participated in the deals ... "The growers' ostensible concerns over antitrust law are flatly mistaken. The only real antitrust concern would arise if several growers agree among themselves to not participate in the CIW-Yum or CIW-McDonald's monitoring program," the letter stated. (Freeport Journal-Standard, IL)
Delta, Northwest Merging Apr 15, 2008
"The industry has been beset by a number of issues," said Lawrence Scarborough, a specialist in antitrust law at the Phoenix law firm of Bryan Cave. "From a political sense - a congressional sense - and from a regulatory sense, this proposed merger will draw considerable scrutiny, as will any large merger that is contemplated in the industry now," he said. (San Francisco Chronicle -- Business)
Yahoo Tests Ad Partnership With Google Apr 10, 2008
A combination between Microsoft and Yahoo also would likely face an extensive regulatory review that could last anywhere from six months to a year, predicted Nate Eimer, a Chicago attorney specializing in antitrust law. Microsoft and Yahoo have a combined 31 percent market share in the United States, according to comScore. (CBS News)
Hershey, Mars, Nestle, Cadbury, Itwal Are Accused of Fixing Candy Prices Apr 2, 2008
Giant Eagle Inc. claims in a suit filed March 26 that the companies and a Canadian wholesalers' network, Itwal Inc., conspired to set artificially high prices for chocolates in violation of U.S. antitrust law ... Giant Eagle seeks unspecified damages, which may be tripled under antitrust law if the claim is successful. (Bloomberg -- Canada)
China could become new hurdle in any Microsoft-Yahoo deal Mar 31, 2008
Nathan Bush, an antitrust law specialist with O'Melveny LLP in Beijing, said this represented the ascendance of China "as another regulatory capital contending for influence with Brussels and Washington." ... The issue of whether Beijing authorities will harmonize the law with foreign antitrust laws or use it to fire a shot across the bow of global businesses was sharpened recently after Huawei Technologies' effort to invest in 3Com collapsed in the face of U.S. national security concerns. (Austin American-Statesman)
China law could impede Microsoft deal for Yahoo Mar 28, 2008
Nathan Bush, an antitrust law specialist with O'Melveny & Myers in Beijing, said the law represented the ascendance of China "as another regulatory capital contending for influence with Brussels and Washington." ... The issue of whether the Beijing authorities will harmonize the law with foreign antitrust laws or use it to fire a shot across the bow of global businesses was sharpened last week after an effort by Huawei Technologies to invest in 3Com collapsed in the face of national security... (International Herald Tribune)
Jane Willis, the woman of '21,' speaks out Mar 26, 2008
She worried that her parents might misunderstand and that her prospects to make partner at Ropes & Gray, where she specializes in antitrust law, might be damaged. "When she told me years later, I was, like, 'Huh, that's fascinating,' " says Denise Casper, chief legal counsel for Middlesex County District Attorney Gerry Leone and a friend of Willis's for 15 years. (Boston Globe)
Borders explores sale, suspends dividend Mar 21, 2008
But antitrust law allows for an exception in the case of a failing company. "We believe that Borders' financial distress diminishes the impact of antitrust considerations, though we presume that Barnes remains averse to taking on leases that would increase store overlap," Goldman Sachs analyst Matthew Fassler said in a research note. (ABC News -- Wire)
FULL STORY > Mar 19, 2008
" Constantine, 59, might feel entitled to say whatever he wants about Spitzer, 48, who worked for him as a law school summer intern in 1982, when Constantine was an assistant state attorney general under Robert Abrams. The older man gave the younger a job at his antitrust law firm, Constantine Cannon, when Spitzer was between government jobs. So when Spitzer became governor, he made Constantine his "senior adviser. " One source said, "Lloyd went in without portfolio. (New York Post -- Gossip)
Top US court backs Novell antitrust suit vs. Microsoft Mar 18, 2008
The justices, without comment, yesterday left intact a lower court decision that said Novell can sue Microsoft under federal antitrust law ... Microsoft contended in its appeal that Novell can't invoke the US antitrust laws because it didn't compete against Windows in the operating system market ... Microsoft said the ruling allowing the suit, issued by the 4th US Circuit Court of Appeals in Richmond, "significantly expands the class of potential plaintiffs permitted to seek treble damages under... (Boston Globe)
Team New Zealand Sues Defending Champion Alinghi Over America's Cup Delay Mar 7, 2008
Emirates Team New Zealand, which lost the Cup to Alinghi in July 2007, filed suits in New York State Supreme Court and U.S. District Court in New York, accusing Bertarelli of breach of contract and violating federal antitrust law. The New Zealand syndicate said in court papers that Bertarelli delayed the next Cup regatta while attempting to impose rules giving his team an unfair advantage in the 156- year-old race. (Bloomberg -- Australia & New Zealand)
