Recent Development in Antitrust and International Trade Law

CHINA’S ANTI-MONOPOLY LAW

July 31, 2008 at 3:32 pm

After more than a decade of deliberations, the People’s Republic of China promulgated its Anti-Monopoly Law (“AML”) at the Twenty-Ninth Meeting of the Standing Committee of the Tenth National People’s Congress on August 30, 2007. The new law will go into effect tomorrow, August 1, 2008. Like the Indian Competition […]

INDIA REVIEWS MERGERS

July 31, 2008 at 3:26 pm

In 1999, the Government of India formed a committee to make recommendations regarding a modern competition law. The new competition law took the form of the Competition Act, 2002 which was enacted and notified in January 2003. It replaced the Monopolies and Restrictive Trade Practices Act constituted in 1970. However, […]

ANOTHER ENVIRONMENTAL COMPANY PLEADS GUILTY TO DEFRAUD U.S. ENVIRONMENTAL PROTECTION AGENCY

July 31, 2008 at 2:22 pm

On July 31, 2008, Bennet Environmental Inc. (“BEI”), a Canadian soil treatment company, pled guilty and agreed to pay $1 million criminal fine for its role in a conspiracy to defraud the U.S. Environmental Protection Agency (“EPA”) at a EPA designated Superfund site, Federal Creosote in Manville, NJ. According to […]

FTC CHALLENGES MCCORMICK’S ACQUISITION OF UNILEVER’S LAWRY’S AND ADOLPH’S BRANDS

July 30, 2008 at 2:28 pm

On July 30, 2008, the Federal Trade Commission (“FTC”) entered into a settlement agreement that allows McCormick & Company Inc.’s (“McCormick”) proposed $605 million acquisition of Lawry’s and Adolph’s brands of seasoned salt products from Unilever N.V. (“Unilever”) to proceed. According to the FTC’s complaint, McCormick’s Season-All brand competes with […]

TWO U.S. DEPARTMENT OF DEFENSE CONTRACTORS PLEAD GUILTY FOR THEIR ROLE IN A CONSPIRACY INVOLVING AVIAITION FUEL SUPPLY

July 29, 2008 at 2:22 pm

On July 29, 2008, Paul Wilkinson and Christopher Cartwright, two U.S. Department of Defense (“DOD”) contractors, pled guilty to defraud the United States, commit wire fraud and steal trade secrets from Matthew Bittenbender, another U.S. DOD contractor. In a three-count indictment returned on Dec. 5, 2007, and unsealed in U.S. […]

ITALIAN MARINE HOSE MANUFACTURERS AND MARINE HOSE EXECUTIVES PLEAD GUILTY FOR ROLE IN WORLDWIDE SCHEME TO RIG BIDS

July 28, 2008 at 2:21 pm

On June 28, 2008, Manuli Rubber Industries SpA (“Manuli”), an Italian marine hose manufacturer, and Robert L. Furness, the former president of Manuli’s subsidiary Plantation, pled guilty for their role in a worldwide conspiracy to rig bids, fix prices, and allocate market share in the marine hose industry. Manuli agreed […]

SECOND EXECUTIVE PLEADS GUILTY IN WORLDWIDE AIRCARGO PRICE FIXING CONSPIRACY

July 28, 2008 at 2:19 pm

On July 28, 2008, Timothy Pfeil, a former executive for SAS Cargo Group A/S (“SAS”), pled guilty to serve six months in prison for his role in a worldwide conspiracy to fix air cargo rates for shipments to and from the United States. Mr. Pfeil, the second airline executive charged […]

N.J. WASTEWATER TREATMENT SUPPLY COMPANY OWNER AND A CONTRACTS ADMINISTRATOR PLEAD GUILTY TO BID RIGGING, FRAUD AND TAX OFFENSES

July 23, 2008 at 3:29 pm

On July 23, 2008, JMJ Environmental Inc. (“JMJ”), a wastewater treatment company, its owner, John Drimak Jr., and Norman Stoerr, a former contracts administrator, pled guilty to various counts of bid rigging, fraud, and tax evasion. These charges were all in connection with sub-contracts for wastewater treatment services at two […]

FTC CHALLENGES PERNOD RICARD’S PROPOSED ACQUISITION OF V&S VIN & SPRIT

July 17, 2008 at 3:28 pm

On July 17, 2008, the Federal Trade Commission (“FTC”) issued a complaint challenging the proposed $9 billion acquisition of V&S Vin & Sprit (“V&S”), a wholly owned corporation of the Kingdom of Sweden, by Pernod Ricard (“Pernod”), a wholly owned subsidiary of France-based Pernod. The FTC contends that the transaction […]

EU TO EXPAND INTEL ANTITRUST INVESTIGATION

July 16, 2008 at 3:25 pm

On July 16, 2008, the European Commission (“EC”) announced that it would expand its investigation of the Intel Corporation by filing new antitrust charges. The charges allege that Intel provides inducements, such as discounts, rebates, and marketing payments, to computer manufactures discouraging them to use chips made by Intel’s smaller […]