Recent Development in Antitrust and International Trade Law

ANOTHER PECK & HALE, LLC EXECUTIVE PLEADS GUILTY TO CHARGES OF BID RIGGING AND TAKING KICKBACKS ON DOD CONTRACTS

May 30, 2008 at 4:47 pm

On May 30, 2008, as a part of their ongoing investigation into the military restraints industry, the DOJ reached a plea agreement with Wilson Freire, a former government contracts manager at Peck & Hale LLC. Mr. Freire pled guilty to two separate conspiracies of bid rigging and taking kickbacks on […]

FORMER EMPLOYEE CHARGED WITH DEFRAUDING HOME DEPOT IN VENDOR KICKBACK SCHEME AND TAX EVASION

May 29, 2008 at 4:46 pm

On May 29, 2008, Anthony M. Tesvich, a former employee of Home Depot, was charged with three counts of tax evasion and one count of conspiracy to commit wire fraud. According to the Department of Justice, the conspiracy took place from October 2002 to October 2007. Mr. Tesvich took kickbacks […]

DOJ ALLOWS CENGAGE TO ACQUIRE HM COLLEGE

May 28, 2008 at 4:45 pm

On May 28, 2008, the Department of Justice blocked a proposed $750 million acquisition of Houghton Mifflin Harcourt Publishing Company’s College Division (“HM College”) by Cengage Learning, Inc (“Cengage”). The DOJ required the divestiture of Cengage’s assets related to the textbooks and education materials of 14 of its college level […]

DOJ SETTLES WITH NATIONAL REALTORS ASSOCIATION

May 27, 2008 at 4:44 pm

On May 27, 2008, the Department of Justice (“DOJ”) reached a settlement with the National Realtors Association (“NAR”) that requires NAR to allow internet-based real estate brokers to compete with traditional real estate brokers. NAR is a trade association of 1.2 million real estate members. According to the DOJ, NAR’s […]

U.S COURT OF APPEALS FOR THE FIFTH CIRCUIT AFFIRMS FTC DECISION THAT THE NORTH TEXAS SPECIALTY PHYSICIANS ENGAGED IN ANTICOMPETITIVE PRACTICES

May 16, 2008 at 4:42 pm

On May 16, 2008, in a unanimous opinion, the U.S. Court of Appeals for the Fifth Circuit affirmed a 2006 Federal Trade Commission (“FTC”) decision that found the North Texas Specialty Physicians (“NTSP”), based in Fort Worth, TX, participated in horizontal price fixing activities. The Court found that the FTC’s […]

TWO INDIVIDUALS CHARGED WITH CONSPIRING TO COMMIT BRIBERY IN CONNECTION WITH A U.S. ARMY CORPS OF ENGINEERS NEW ORLEANS LEVEE RECONSTRUCTION PROJECT

May 15, 2008 at 4:41 pm

On May 15, 2008, Durwanda Elizabeth Morgan Heinrich, a dirt, sand, and gravel subcontractor, and Kern Carver Bernard Wilson, a former contract employee of the U.S. Army Corps of Engineers, were each charged with one count of conspiring to commit bribery. Additionally, Heinrich was charged with two counts of offering […]

FIRST FORMER AIRLINE EXECUTIVE PLEADS GUILTY TO

May 8, 2008 at 4:40 pm

On May 8, 2008, Bruce McCaffrey, Quantas Airways’ Vice President of Freight for the Americas, pled guilty and agreed to serve eight months in jail as well as pay a criminal fine of $20,000 for his role in a conspiracy to fix rates for international cargo shipments. Mr. McCaffrey was […]

FTC MODIFIES ORDER PROHIBITING NINE WEST GROUP, INC. FROM FIXING RETAIL PRICES WITH DEALERS

May 6, 2008 at 4:39 pm

On May 6, 2008 the Federal Trade Commission (“FTC”) modified its previous order in 2000 prohibiting Nine West Group, Inc. from fixing retail prices with dealers. The FTC modified the order by granting Nine West permission to engage in resale price maintenance (RPM) with a caveat that the company would […]

FTC ENTERS INTO SETTLEMENT AGREEMENT IN A MERGER WITHOUT A SECOND REQUEST

May 5, 2008 at 4:37 pm

On May 5, 2008, in 4-0 vote, the Federal Trade Commission (“FTC”) entered into a settlement agreement that allowed Agrium, Inc. to buy UAP Holding Corporation (“UAP”) for $2.5 billion, making UAP a wholly owned subsidiary of Agrium. Agrium is required to sell five UAP farm stores in Michigan and […]

DOJ FILES LAWSUIT AGAINST CONSOLIDATED MULTIPLE LISTING SERVICES CHARGING THAT ITS RULES ARE ANTICOMPETITIVE

May 2, 2008 at 4:35 pm

On May 2, 2008, the Department of Justice (“DOJ”) filed a civil antitrust lawsuit against the Consolidated Multiple Listing Services (“CMLS”) of Columbia, SC. The lawsuit, filed at the U.S. District Court in Columbia, SC, alleges that the CMLS’s rules regarding who can be a member and how those brokers […]