Articles Posted in Civil Non-Merger Highlights

Berkshire Hathaway Agrees to Pay $896,000 Maximum Civil Penalty for HSR Violation On August 20, 2014, the Federal Trade Commission (“FTC”) announced that Berkshire Hathaway Inc. (“Berkshire”) agreed to pay a civil penalty of $896,000, the maximum civil penalty that could have been imposed, for its alleged violation of the premerger notification and filing requirements…

On July 14, 2014, New York State Attorney Eric Schneiderman announced that Casella Wastes (“Castella”), a waste management company based in Vermont but also serving New York, agreed to change its existing contracting practices in the face of antitrust scrutiny. Casella was found to have unlawfully restricted competition through its acquisition of smaller competitors and…

On July 14, SignatureMD, a concierge medicine provider, sued its competitor, MDVIP, in federal court over allegations that the latter’s business practices violated the Sherman Antitrust Act, as well as California’s antitrust and unfair competition statutes in the Cartwright Act. According to the lawsuit, MDVIP, the largest provider of concierge medicine in the United States…

On July 11, 2014, Germany’s association of booksellers announced that European Union (“EU”) officials contacted them regarding its dispute with Amazon.com. The booksellers have already asked German antitrust authorities to investigate Amazon, alleging that the online retailer is delaying the shipment of one of its member, Bonnier AG’s books over a dispute on the price…

On May 6, 2014, a gasoline price-fixing lawsuit brought by District of Columbia Attorney General Irving Nathan was thrown out of court by Judge Craig Iscoe, ruling the District of Columbia has no grounds to bring such an action. The District of Columbia’s lawsuit challenged the exclusive dealing contracts (the so-called “jobbers”) that gas stations…

On May 30, 2014, the lawyers representing Donald Sterling, the controversial ex-owner of the National Basketball Association (“NBA”) franchise, the Los Angeles Clippers (“Clippers”), filed a complaint before the U.S. District Court in the Central District of California to fight an order by the NBA that would force him to divest his ownership in the…

On May 27, 2014, the attorneys of Japanese auto part companies filed a motion in a federal court in Michigan, indicating they will appeal to the Sixth Circuit Court of Appeals a ruling made by U.S. District Judge Marianne Battani that established a premise that an industry-wide cartel conspiracies existed among Japanese auto part makers.…

On May 6, 2014, the Bureau of Competition (“BC”) of the Federal Trade Commission (“FTC”) announced several personnel changes in its management. There are two new Deputy Assistant Directors for the Anticompetitive Practices Division, which handles the BC’s enforcement efforts against anticompetitive conduct in industries other than health care. Descriptions of experience by the FTC:…

On April 29, 2014, the European Commission (“EC”) announced that it has reached a legally-binding agreement with Samsung on standard essential patent (“SEP”) injunctions. According to the terms of the agreement, Samsung “will not seek injunctions” in the EU on the basis of its SEPs for smartphones and tablets against licensees who sign up to…

On April 25, 2014, the FTC announced that it had relocated its Premerger Notification Office (“PNO”) to 400 South 7 Street, SW, from its old location at the corner of 7th and D Streets SW in Washington D.C. The New Address, which goes into effect on April 28, 2014, is: Premerger Notification Office Federal Trade…