Recent Articles

DOJ Wins AUO Convictions in LCD Price-Fixing Trial, Successfully Defending Its Cartel Program

Sheppard Mullin
March 16, 2012 14:10

By James L. McGinnis In a widely followed eight-week trial before the Honorable Susan Illston in the Northern District of California, the Antitrust Division of the United States Department of Justice succeeded in obtaining price-fixing convictions against AU Optronics, a Taiwanese company; AUOA,...

China Anti-Monopoly Law: What might we see in 2012?

Sheppard Mullin
February 29, 2012 18:25

On February 16, 2012 the Beijing office of Sheppard Mullin had a reception to celebrate the opening of new office space in China World Trade Center in the central business district. Firm Chairman Guy Halgren welcomed our 120-plus guests. Prior to the reception, Sheppard Mullin hosted a roundtable...

New York Federal Court Holds That Meetings Related To Drafting Arbitration Clauses May Be Probative Of Antitrust Conspiracy Despite Decision Makers' Lack Of Knowledge

Sheppard Mullin
February 21, 2012 21:38

By Eric O'Connor In In re Currency Conversion Fee Antitrust Litig., 2012 WL 401113 (S.D.N.Y. Feb. 8, 2012), Judge William H. Pauley III denied a motion for summary judgment by Defendants Discover and Citigroup after finding that a handful of meetings over four years by Defendants' in-house counsel...

In re American Express Merchants' Litigation - Plaintiffs Survive Three Rounds In The Second Circuit, But Can They Survive The Supreme Court?

Sheppard Mullin
February 07, 2012 19:19

By David Garcia and Leo Caseria On February 1, 2012, the Second Circuit Court of Appeals decided In re American Express Merchants' Litigation, No. 06-1871-cv, (2d Cir. Feb. 1, 2012) ("AMEX III"), holding, for the third time, that a class action waiver in an arbitration agreement between...

Higher Filing Thresholds for HSR Act Premerger Notifications and Interlocking Directorates Announced

Sheppard Mullin
January 26, 2012 23:08

1. Higher Thresholds For HSR Filings On January 24, 2012, the Federal Trade Commission announced revised, higher thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. The filing thresholds are revised annually, based on the change in gross national product...

Allegations of Conspiracy to Limit Crop Production: Ripe for Analysis Under Capper-Volstead

Sheppard Mullin
December 28, 2011 19:30

By Don T. Hibner, Jr. On December 2, 2011, the district court denied a motion to dismiss antitrust conspiracy claims against potato grower cooperatives in several states. In re Fresh and Process Potatoes Antitrust Litigation, United States District Court for the District of Idaho, Case...

RIM Defeats Sherman Act Section 2 Claims At Pleading Stage

Sheppard Mullin
December 28, 2011 18:13

By Thomas D. Nevins In “the latest installment in a contentious litigation”, defendant Research In Motion recently obtained an order granting its motion to dismiss plaintiff Eatoni's claims that RIM violated Section 2 of the Sherman Act and equivalent portions of New York’s...

Netflix Wins Summary Judgment Dismissal Of Consumer Class Antitrust Claims

Sheppard Mullin
December 09, 2011 23:52

By Thomas D. Nevins Plaintiff Netflix subscribers alleged that Netflix and Wal-Mart violated Sections 1 and 2 of the Sherman Act by entering into to a horizontal market allocation agreement. In re: Online DVD Rental Antitrust Litigation, No. M 09-2029 PJH, Order Granting Motion For Summary...

No Mandatory Antitrust Review for ACOs

Sheppard Mullin
November 14, 2011 22:31

The Department of Justice and Federal Trade Commission recently issued their final "Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program" pursuant to the 2010 Patient Protection and Affordable Care Act. The...

Allegations of Conspiracy to Fix Prices in Ohio Rock Salt Duopoly Flunk "Plausibility" Analysis

November 04, 2011 16:03

Creation of duopolistic interdependence by misapplication of a state statute mandating preferential treatment for local producers is an implausible "slippery slope." Erie County v. Morton Salt, Inc., N.D. Ohio, No. 3:11-cv-00364-JGC, 9/19/11.  Fifty-four northern Ohio counties filed...