August 2007 :: Antitrust Lawyer Blog
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Squeezed On: August 14, 2007

COMMERCIAL REFRIGERATION COMPANY AND EXECUTIVE INDICTED FOR RIGGING BIDS ON CONTRACTS TO SAFEWAY GROCERY STORES IN ARIZONA

On August 14, 2007, the DOJ announced that a federal grand jury in Phoenix returned an indictment charging a commercial refrigeration company and its co-owner with participating in a conspiracy to rig bids on contracts for the installation of commercial refrigeration equipment in Safeway Inc. grocery stores in the Phoenix metropolitan area.

The indictment, filed in the U.S. District Court in Phoenix, charged Alliance Mechanical LLC and its co-owner Kendall Pope, with participating in the conspiracy, which began in January 2005 and continued until May 16, 2005. At the time of the conspiracy, Mr. Pope also served as president of Alliance Mechanical LLC, a company engaged in the installation of commercial refrigeration in the Phoenix metropolitan area and elsewhere. Mr. Pope allegedly participated in the conspiracy with James Govostes, a former manager of another commercial refrigeration company.

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Posted In: DOJ Antitrust Highlights , White Collar Crime Highlights

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Squeezed On: August 9, 2007

FTC Challenges Jarden Corp.’s Proposed Acquisition of K2 Incorporated

On August 9, 2007, the Federal Trade Commission announced a complaint challenging Jarden Corporation’s (Jarden) proposed $1.2 billion acquisition of sporting equipment manufacturer K2 Incorporated (K2). FTC alleges that the deal would be anticompetitive and detrimental to consumers of monofilament fishing line. Monofilament fishing line is the most widely-used and least expensive type of fishing line, and while other specialized types of fishing line, including braided and fluorocarbon, appear to be growing in popularity, the vast majority of fishing line purchases in the United States are of monofilament line. Under the terms of a consent order resolving the FTC’s charges and allowing the transaction to proceed, the companies will sell the assets of four popular types of monofilament line, all of which are owned by K2: Cajun Line, Omniflex, Outcast, and Supreme.

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Posted In: FTC Antitrust Highlights

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Squeezed On: August 7, 2007

Commission Rules that Evanston Northwestern Healthcare Corp.’s Acquisition of Highland Park Hospital Was Anticompetitive but doesn’t order divestiture

On August 7, 2007, the Federal Trade Commission overruled its in-house judge’s previous decision to break up a seven year old hospital merger, allowing it to stay intact even though the deal caused prices to increase.

Evanston Northwestern Healthcare Corporation (ENH) acquired Highland Park Hospital in January 2000, and as a result, combined ENH’s Evanston and Glenbrook hospitals in Cook County Illinois. With Highland Park Hospital being the nearest hospital to the north, the Commission approved and issued a complaint in February 2004. The complaint alleged that subsequent to the acquisition, ENH was able to raise its prices charged to health insurers far above price increases of other comparable hospitals as a result of the transaction.

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Posted In: FTC Antitrust Highlights

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Squeezed On: August 7, 2007

CFIUS Reform

On July, 25 President Bush signed a bill that will reinforce the review process of foreign acquisitions in the United States, and secure an open environment for foreign investment that is critical to the U.S. economy. The final law does not alter the review period of the first and second stages of the process, and the Committee on Foreign Investment in the United States ("CFIUS") is now allowed to impose fines or, in the most severe cases, reopen reviews for material noncompliance with a mitigation agreement. Under the new law, CFIUS is required to provide Congress with detailed reports after the completion of investigations and reviews, and to consider an expanded list of factors in its national security review. These factors include the risk of technology transfer to a country that is a threat to the United States and the risks associated with foreign investment in critical infrastructure. These are just some of the most significant changes made to the process.

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Posted In: Articles

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Squeezed On: August 7, 2007

Virginia Executive Agrees to Plead Guilty to Bid Rigging on Contracts with the U.S Navy and Others

On August 7, 2007, the DOJ announced that William Alan Potts, the vice president of a Virginia marine products company agreed to plead guilty, serve a sentence and pay a criminal fine for his role in a conspiracy to rig bids and allocate customers with respect to marine products purchased by the U.S. Navy, the U.S. Coast Guard, and other public and private entities.

Mr. Potts allegedly participated in a conspiracy between December 2000 and May 2003 to allocate customers and rig bids for contracts to sell plastic marine pilings. Plastic marine pilings are substitutes for traditional wood timber pilings. They are often used in port and pier construction projects where durability and environmental considerations make them an alternative to traditional wood pilings. The conspirators discussed and agreed among themselves which of them would win contracts from the Department of Defense, the Department of Homeland Security and others. Mr. Potts is the fourth executive to agree to plead guilty in the DOJ’s ongoing antitrust investigation in the marine products industry. As part of his plea agreement, he agreed to cooperate with the DOJ’s ongoing investigation. His previous and continuing cooperation will be considered by the court at sentencing.

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Posted In: DOJ Antitrust Highlights

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Squeezed On: August 6, 2007

Justice Department Seeks Appointment of Trustee to Sell Mittal Steel’s Sparrows Point Steel Mill

On August 6, 2006 the DOJ’s Antitrust Division requested a federal judge in Washington, D.C. to appoint a trustee to sell Mittal Steel Company N.V.’s Sparrow Point facility that’s located near Baltimore to resolve antitrust concerns related to Mittal’s proposed acquisition of Arcelor S.A. The acquisition as originally proposed would substantially lessen competition in the market for tin mill products in the eastern United States. Tin mill products are finely rolled steel sheets normally coated with tin or chrome, and are used primarily in the manufacture of sanitary food cans and general line cans used for aerosols, paints and other products. The Department then filed a proposed consent decree, which resolved the competitive concerns. The court entered the consent decree on May 23, 2007, and required Mittal to divest a steel mill that supplied tin mill products to the eastern United States.

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Posted In: DOJ Antitrust Highlights

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Squeezed On: August 1, 2007

British Airways Plc and Korean Air Lines Co. Ltd. agree to plead

On August 1, 2007 the DOJ’s Antitrust Division announced that British Airways Plc and Korean Air Lines Co. both pled guilty and individually agreed to pay $300 million each in criminal fines for their roles in conspiracies to fix the prices on passenger and cargo flights.

The DOJ stated that passengers who flew on British Airways flights between the United Kingdom and the United States during the charged period paid more for their tickets as a result of the illegal cartel. In 2004, British Airways' fuel surcharge for round-trip passenger tickets was around $10 per ticket. By the time the passenger conspiracy was cracked in 2006, the surcharge was nearly $110 per ticket¬. During the air cargo conspiracy, British Airways' fuel surcharge on shipments to and from the United States changed more than 20 times and increased from 4 cents per kilogram of cargo shipped to as high as 72 cents per kilogram.

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Posted In: DOJ Antitrust Highlights

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