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Articles Posted in DOJ Antitrust Highlights

JAPAN AIRLINES ADMITS INVOLVEMENT IN AIRLINE CARTEL THAT FIXED CARGO RATES TO AND FROM THE UNITED STATES AND ELSEWHERE
Doyle, Barlow & Mazard PLLC

On April 16, 2008, Japan Airlines International Co. Ltd. (“JAL”) agreed to plead guilty and pay a criminal fine of $110 million for its role in a conspiracy to fix prices for international cargo shipments.JAL was accused of attempting to fix rates on international cargo shipments to and from the United States between April 2000…

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CONTRACTOR PLEADS GUILTY TO PARTICIPATING IN FRAUD CONSPIRACY AT NEW YORK PRESBYTERIAN HOSPITAL
Doyle, Barlow & Mazard PLLC

On April 11, 2008, Aaron S. Weiner, of Aaron Weiner Construction Inc. (“AWC”), pled guilty for acting as a conduit for a million dollar kickback scheme to defraud the New York Presbyterian Hospital (“NYPH”). An owner of two construction companies located in New York paid Mr. Weiner to pose as a consultant as a means…

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DOD CONTRACTOR PLEADS GUILTY FOR CONSPIRING SELL TRADE SECRETS FOR AVIATION FUEL SUPPLY CONTRACTS
Doyle, Barlow & Mazard PLLC

On April 9, 2008 Matthew W. Bittenbender, a U.S. Department of Defense (“DOD”) contractor pled guilty to conspiring to steal competitive information regarding the supply of fuel to DOD aircraft around the world. Aviation fuel is obtained by the DOD through the Defense Energy Support Center (“DESC”) which lets contracts for a variety of products.…

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MONTANA BOARD OF REALTY REGULATION REPEALS RULE PROHIBITING REAL ESTATE BROKERS TO OFFER REBATES TO CONSUMERS
Doyle, Barlow & Mazard PLLC

On April 1, 2008, the Montana Board of Realty Regulation repealed its rule disallowing real estate brokers to “solicit business by offering gifts, rebates, or promotional items.” In August 2007, the Department of Justice’s Antitrust Division began an investigation of the Montana Board of Realty Regulation. In most states, real estate brokers are allowed to…

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A DEFENSE FIRM PLEADS GUILTY TO RIG BIDS ON U.S. DEPARTMENT OF DEFENSE CONTRACTS
Doyle, Barlow & Mazard PLLC

On March 26, 2008, Peck & Hale, LLC, a Long Island, NY defense firm, pled guilty to a two-count felony charge for rigging bids for U.S. Department of Defense (“DOD”) military restraints equipment contracts. This equipment is used to tie down and secure vehicles, aircraft, munitions, shipping containers, and other specialized military cargo requirements for…

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DOJ APPROVES XM/SIRIUS MERGER
Doyle, Barlow & Mazard PLLC

On March 24, 2008, the Department of Justice (“DOJ”) approved a proposed merger between XM Satellite Radio Holdings, Inc. (“XM”) and Sirius Satellite Radio, Inc. (“Sirius”), the only two satellite radio service providers in the United States. The DOJ stated despite a merger to monopoly that the merged companies would not increase prices to satellite…

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COMMERCIAL REFRIGERATION COMPANY AND EXECUTIVE PLEAD GUILTY TO PARTICIPATING IN BID-RIGGING CONSPIRACY
Doyle, Barlow & Mazard PLLC

On March 6, 2008, Alliance Mechanical, an Arizona commercial refrigeration company, and Kendall Pope, president and co-owner of the company, pleaded guilty for their role 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.Alliance Mechanical and Mr. Pope pleaded…

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DOJ REQUIRES MILL DIVESTITURES IN PROPOSED MERGER OF ALTIVITY AND GRAPHIC PACKAGING
Doyle, Barlow & Mazard PLLC

On March 5, 2008, Altivity Packaging LLC (“Altivity”) and Graphic Packaging International Inc. (“Graphic”) entered into a settlement agreement with the DOJ that they will divest two paperboard mills-one in Indiana and the other in Pennsylvania-in order to proceed with their proposed $1.75 billion merger. The Antitrust Division stated that the merger, as originally proposed,…

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DOJ REQUIRES A DIVESTITURE IN COOKSON’S ACQUISITION OF FOSECO
Doyle, Barlow & Mazard PLLC

On March 4, 2008, the DOJ reached a settlement that will require Cookson Group plc and Foseco plc to divest Foseco’s U.S. carbon bonded ceramic (“CBC”) business in order to proceed with Cookson’s proposed $1 billion acquisition of Foseco. Allegedly, the transaction, as originally proposed, would substantially lessen competition in the United States for certain…

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