Antitrust Lawyer Blog :: Published by Antitrust Lawyers Doyle, Barlow & Mazard PLLC
September 2, 2010

Ninth Circuit Limits Labor Law Antitrust Exemption

In State of California v. Safeway, Inc. (“California v. Safeway”), the United States Court of Appeals for the Ninth Circuit answered the question of whether a profit sharing agreement that would ordinarily violate the antitrust laws was excused from compliance under the nonstatutory labor exemption. The Court found such an agreement was not excused from exemption, because it was not needed to make the collective bargaining process work. Instead, it constituted “an economic weapon used by the employers in their efforts to prevail in a labor dispute.”

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August 27, 2010

California Supreme Court Limits Pass-on Defense

On July 12, 2010, the California Supreme Court addressed the issue of “whether under the Cartwright Act an antitrust defendant can defeat liability by asserting a pass-on defense.” Clayworth v. Pfizer, Inc., No. S166435, 2010 WL 2721021 (Cal. July 12, 2010). The Cartwright Act is California’s state antitrust law. Unlike federal law, which limits antitrust damage claims to “direct purchasers,” the Cartwright Act allows indirect purchasers as well to sue on antitrust claims. In a unanimous decision, the California Supreme Court held consistent with federal law that California law bars a pass-on defense in most circumstances, even though both direct and indirect purchasers may sue for treble damages.

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July 2, 2010

FTC Chairman Offers Olive Branch, Options to AMA

On June 14, 2010, Federal Trade Commission Chairman, Jon Leibowitz, gave a speech to the American Medical Association in Chicago amid ongoing tension between the two groups with respect to antitrust regulation in the medical industry. In an effort to address the AMA’s concerns, and to bolster a more productive relationship between the organizations, Leibowitz offered an explanation of the FTC’s position on antitrust in the medical arena as well as some promising options for the future of healthcare regulation.

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July 1, 2010

FTC Seeks to Limit Trinko and Credit Suisse

On June 15, 2010, Howard Shelanski, Deputy Director for Antitrust in the Bureau of Economics at the Federal Trade Commission, appeared before the House Committee on the Judiciary’s Subcommittee on Courts and Competition Policy and delivered a prepared statement on behalf of the Commission. In his appearance, Mr. Shelanski requested legislative action in light of the Supreme Court’s decisions in Verizon v. Trinko and Credit Suisse v. Billing . Both of these recent cases have implications for bringing antitrust actions in federal court in regulated industries.

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June 9, 2010

Supreme Court Sacks the NFL: No Antitrust Exemption for the League

On May 24, 2010, the much-anticipated sports antitrust case American Needle, Inc. v. NFL was decided by the Supreme Court. The Court reversed the Seventh Circuit Court of Appeals and held that the National Football League Properties’ (NFLP) exclusive licensing agreement with Reebok to produce headwear constitutes concerted action, and thus falls within the scope of § 1 of the Sherman Act, which outlaws any “contract, combination . . . or conspiracy, in restraint of trade.” The case was remanded to be tried under the Rule of Reason.

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April 27, 2010

DOJ Reaches Settlement With Baker Hughes

On April 27, the DOJ announced that it reached a settlement that will require Baker Hughes Inc. and BJ Services Company to divest two specially equipped vessels and other assets in order to proceed with their proposed merger.

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March 29, 2010

DOJ Decides Not to Challenge Cisco's Acquisition of Tandberg

On March 29, the DOJ announced that it will not challenge Cisco Systems Inc.'s acquisition of Tandberg ASA. The EU also cleared the transaction, however, it required conditions for its approval.

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March 8, 2010

BLUE CROSS ABANDONS MERGER PLANS AFTER DOJ THREATENS LAWSUIT

On March 8, 2010, Blue Cross Blue Shield of Michigan's (Blue Cross-Michigan) subsidiary, Blue Care Networks of Michigan, abandoned its attempt to purchase Physicians Health Plan of Mid-Michigan (PHP) after the Department of Justice and the Michigan Attorney General informed the companies that they would file an antitrust lawsuit to block the acquisition.

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February 22, 2010

DOJ SEEKS DISGORGEMENT OF PROFITS IN SETTLEMENT WITH KEYSPAN REGARDING ANTICOMPETITIVE AGREEMENT

On February 22, 2010, the DOJ entered into a settlement with KeySpan Corporation that requires KeySpan to pay $12 million for violating the antitrust laws by entering into an agreement restraining competition in the New York City electricity capacity market. The DOJ alleged that the financial derivative agreement likely resulted in a price increase for retail electricity suppliers and, in turn, an increase in electricity prices for consumers.

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January 25, 2010

DOJ ALLOWS TICKETMASTER TO BUY LIVE NATION

On January 25, 2010, the Department of Justice entered into a settlement agreement with Ticketmaster Entertainment Inc. that allowed it to complete its acquisition of Live Nation, Inc. The settlement agreement required Ticketmaster to license its ticketing software, divest ticketing assets and subject itself to anti-retaliation provisions in order to proceed with its proposed merger with Live Nation. The proposed settlement is designed to protect competition for primary ticketing, which will in turn maintain incentives for innovation and discounting.

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