January 2009 :: Antitrust Lawyer Blog
Squeezed On: January 30, 2009

DOJ IMPOSES LONGEST JAIL SENTENCE FOR A SINGLE ANTITRUST CHARGE ON FORMER SHIPPING EXECUTIVE

On January 30, 2009, Peter Baci, a former executive at a freight service company, was sentenced to 48 months in jail and agreed to pay a criminal fine of $20,000. This sentence marks the longest jail sentence ever imposed for a single antitrust charge.

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Squeezed On: January 29, 2009

FTC INTERVENES IN GENTINGE’S $865 MILLION ACQUISITION OF RIVAL DATASCOPE

On January 29, 2009, Getinge AB (“Getinge”) settled charges with the Federal Trade Commission (“FTC”) in order for its $865 million acquisition of rival Datascope Corporation (“Datascope”) to proceed. The FTC believed that the proposed acquisition violated federal antitrust laws. Datascope is required to divest its endoscopic vessel harvesting (“EVH”) product line to an FTC approved buyer within 10 days of the acquisition date.

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Squeezed On: January 26, 2009

IBM AND MICROSOFT ACCUSED OF “TYING” AND “BUNDLING” PRODUCTS IN EUROPE

During the week of January 26, 2009, IBM Inc. (“IBM”) and Microsoft Corporation Inc. (“Microsoft”) were separately accused of “tying” or “bundling” their products, in effect abusing their market dominant position, a violation of Article 82 of the European Community Treaty.

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Squeezed On: January 23, 2009

FTC INTERVENES IN DOW’S $18.8 MILLION ACQUISITION OF RIVAL ROHM & HAAS

On January 23, 2009, Dow Chemical Company (“Dow”) settled charges with the Federal Trade Commission (“FTC”) in order for its $18.8 million acquisition of rival Rohm & Haas Company (“R&H”) to proceed. Dow agreed to sell a range of assets to an FTC approved buyer and put in place mechanisms to ensure Dow will not have access to competitively sensitive non-public information regarding any businesses the new buyer acquires from Rohm & Haas.

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Squeezed On: January 22, 2009

THREE MORE AIR CARGO CARRIERS CHARGED IN THE WORLDWIDE PRICE-FIXING CONSPIRACY INVESTIGATION

On January 22, 2009, three air cargo airlines, LAN Cargo S.A. (“LAN”), a Chilean company, Aerolinhas Brasileiras S.A. (“ABSA”), a Brazilian company, and EL AL Israel Airlines Ltd. (“EL AL”), an Israeli company, each pled guilty for their role in a worldwide conspiracy to fix prices in the air cargo industry and agreed to pay criminal fines totaling $124.7 million. LAN, which owns a substantial portion of ABSA, agreed to pay a criminal fine of $109 million while EL AL agreed to pay a criminal fine of $15.7 million.

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Squeezed On: January 15, 2009

FORMER EXECUTIVES AT TFT-LCD PANEL MAKERS CHARGED IN GLOBAL CONSPIRACY TO FIX PRICES

On January 15, 2009, Chang Suk (“C.S.”) Chung, former Vice President of Monitor Sales for LG Display Co. Ltd. (“LG”), Chieng-Hon Lin (“Frank”), former Chairman and Chief Executive Officer for Chunghwa Picture Tubes Ltd. (“Chunghwa”), Chih-Chun Liu (“C.C.”), former Vice President of LCD Sales for Chunghwa, and Hseuh-Lung Lee (“Brian”), former executive of Chunghwa, all pled guilty to their roles in a global conspiracy to fix prices in the sale of Thin Film Transistor-Liquid Crystal Display (“TFT-LCD”) panels. They also agreed to serve jail time and pay criminal fines.

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Squeezed On: January 15, 2009

ANOTHER HOME DEPOT EMPLOYEE PLEADS GUILTY IN CONSPIRACY TO DEFRAUD COMPANY

On January 15, 2009, Ronald K. Johnston, a former employee of Home Depot, pled guilty to conspiring to commit wire fraud and for two counts of filing false tax returns in an attempt to defraud Home Depot.

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Squeezed On: January 15, 2009

FORMER EXECUTIVES AT TFT-LCD PANEL MAKERS CHARGED IN GLOBAL CONSPIRACY TO FIX PRICES

On January 15, 2009, Chang Suk (“C.S.”) Chung, former Vice President of Monitor Sales for LG Display Co. Ltd. (“LG”), Chieng-Hon Lin (“Frank”), former Chairman and Chief Executive Officer for Chunghwa Picture Tubes Ltd. (“Chunghwa”), Chih-Chun Liu (“C.C.”), former Vice President of LCD Sales for Chunghwa, and Hseuh-Lung Lee (“Brian”), former executive of Chunghwa, all pled guilty to their roles in a global conspiracy to fix prices in the sale of Thin Film Transistor-Liquid Crystal Display (“TFT-LCD”) panels. They also agreed to serve jail time and pay criminal fines.

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Squeezed On: January 15, 2009

ANOTHER HOME DEPOT EMPLOYEE PLEADS GUILTY IN CONSPIRACY TO DEFRAUD COMPANY

On January 15, 2009, Ronald K. Johnston, a former employee of Home Depot, pled guilty to conspiring to commit wire fraud and for two counts of filing false tax returns in an attempt to defraud Home Depot.

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Squeezed On: January 14, 2009

FTC BLOCKS OLDCASTLE ARCHITECTURAL’S ACQUISITION OF RIVAL PAVESTONE

On January 14, 2009, the Federal Trade Commission (“FTC”) filed a suit to block the proposed $540 million assets and interest acquisition of Pavestone Co. (“Pavestone”) by rival Oldcastle Architectural, Inc. (“Oldcastle”) because it would reduce competition in the manufacture and sale of drycast concrete hardscapes.

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Squeezed On: January 14, 2009

AT&T AGREES TO PAY $2 MILLION TO SETTLE WITH DOJ

On January 14, 2009, AT&T Inc. (“AT&T”) entered into a civil settlement worth $2 million with the Department of Justice (“DOJ”) to settle charges that AT&T was in contempt of a March 2008 consent decree AT&T entered into during its acquisition of Dobson Communications Corporation (“Dobson”).

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Squeezed On: January 14, 2009

AT&T AGREES TO PAY $2 MILLION TO SETTLE WITH DOJ

On January 14, 2009, AT&T Inc. (“AT&T”) entered into a civil settlement worth $2 million with the Department of Justice (“DOJ”) to settle charges that AT&T was in contempt of a March 2008 consent decree AT&T entered into during its acquisition of Dobson Communications Corporation (“Dobson”).

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