In In re: TFT-LCD (Flat Panel) Antitrust Litigation, Northern District of California Judge Susan Illston has decided to allow some liquid crystal display manufacturers charged with price fixing to assert a pass-on defense. The defense contends that the plaintiffs cannot recover damages because they passed on alleged overcharges to their customers. Although the pass-on defense […]
Category Archives: Cartel Activity
Flat Panel Antitrust Litigation Judge Allows Pass-On Defense Under State Law
EU Adviser Says A Parent Company Can Be Held Liable For Its Subsidiary’s Cartel Activity
In European Commission v. Stichting Administratiekantoor Protielje and Cosselin Group NV, Advocate General Julianne Kokott, the chief legal adviser to the Europe’s highest appeals court, issued an opinion that a parent company can be held liable for the cartel activity of its subsidiaries regardless of whether the parent actually conducts business itself. This recommendation came […]
China Sanctions LCD Makers For LCD Price-Fixing
China announced that it was sanctioning LG Corp., Samsung Electronics Co. Ltd., and four Taiwanese companies $56 million for fixing liquid crystal display panel prices. This sanction marks China’s entry into the global cartel enforcement scene, and shows that despite lingering questions about just how leniency process works in China, multinational companies can no longer […]
EU Adviser Says A Parent Company Can Be Held Liable For Its Subsidiary’s Cartel Activity
In European Commission v. Stichting Administratiekantoor Protielje and Cosselin Group NV, Advocate General Julianne Kokott, the chief legal adviser to theEurope’s highest appeals court, issued an opinion that a parent company can be held liable for the cartel activity of its subsidiaries regardless of whether the parent actually conducts business itself. This recommendation came in […]
Vitamin C Price-fixing Multi-district Litigation to Move Forward
In In re: Vitamin C Antitrust Litigation, Eastern District of New York Judge Brian M. Cogan refused to dismiss multidistrict litigation alleging that Chinese manufacturers fixed the price of vitamin C, holding that the sales fell within the import and domestic effects exceptions to the Foreign Trade Antitrust Improvements Act. As a result, that law […]
Settlement of Visa/MasterCard Merchant Fee Case Preliminarily Approved Over Class Member Opposition
In In re: Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, Eastern District of New York Judge John Gleeson preliminarily approved a $7.25 billion settlement in multi-district litigation alleging that the credit card companies collusively set the fees that they charge merchants to accept cards. Judge John Gleeson explained that class action settlements must […]
Antitrust Challenge Filed Against Drug Discount Abuse Scheme
In The Vaccine Center LLC v. GlaxoSmithKline LLC et al., a Nevada clinic has sued in the District of Nevada alleging that GlaxoSmithKline LLC, nonprofit Apexus Inc., and a public health agency conspired to violate the antitrust laws by abusing a federal drug-discount program. The plaintiffs claim that the Southern Nevada Health District abuses its nonprofit […]
New Group of Student-Athlete Plaintiffs Allege Market in Student Athlete Labor
In Rock v. National Collegiate Athletic Association, a class of former college athletes filed suit in the Southern District of Indiana arguing that they have corrected the defects in a prior case and alleged facts sufficient to establish a relevant antitrust market in student athlete labor. The complaint alleges that the NCAA restrained competition in […]
Retailers’ Antitrust Suit Against LCD Manufacturers Survives Motion to Dismiss
In In re: TFT-LCD (Flat Panel) Antitrust Litigation, Northern District of California Judge Susan Illston denied a motion to dismiss price-fixing claims related to the sale of cellphones and digital cameras brought by several retailers against liquid crystal display manufacturers. This case is part of a consolidated multidistrict class action suit, where direct purchasers of […]
Filed Rate Doctrine Bars Challenge to Energy Price Set at Auction
In Simon v. KeySpan Corp., the United States Court of Appeals for the Second Circuit upheld the dismissal of the plaintiffs claims on the ground that the filed rate doctrine blocked a consumer class action alleging that KeySpan used a complex financial transaction to overcharge New York City electricity buyers. The filed rate doctrine holds […]