Recent Development in Antitrust and International Trade Law

DOJ IMPOSES LONGEST JAIL SENTENCE FOR A SINGLE ANTITRUST CHARGE ON FORMER SHIPPING EXECUTIVE

January 30, 2009 at 10:39 pm

On January 30, 2009, Peter Baci, a former executive at a freight service company, was sentenced to 48 months in jail and agreed to pay a criminal fine of $20,000. This sentence marks the longest jail sentence ever imposed for a single antitrust charge. On October 20, 2008, Mr. Baci […]

FTC INTERVENES IN GENTINGE’S $865 MILLION ACQUISITION OF RIVAL DATASCOPE

January 29, 2009 at 10:50 pm

On January 29, 2009, Getinge AB (“Getinge”) settled charges with the Federal Trade Commission (“FTC”) in order for its $865 million acquisition of rival Datascope Corporation (“Datascope”) to proceed. The FTC believed that the proposed acquisition violated federal antitrust laws. Datascope is required to divest its endoscopic vessel harvesting (“EVH”) […]

IBM AND MICROSOFT ACCUSED OF “TYING” AND “BUNDLING” PRODUCTS IN EUROPE

January 26, 2009 at 10:36 pm

During the week of January 26, 2009, IBM Inc. (“IBM”) and Microsoft Corporation Inc. (“Microsoft”) were separately accused of “tying” or “bundling” their products, in effect abusing their market dominant position, a violation of Article 82 of the European Community Treaty. “Tying” or “bundling” products occurs when the sale of […]

FTC INTERVENES IN DOW’S $18.8 MILLION ACQUISITION OF RIVAL ROHM & HAAS

January 23, 2009 at 10:48 pm

On January 23, 2009, Dow Chemical Company (“Dow”) settled charges with the Federal Trade Commission (“FTC”) in order for its $18.8 million acquisition of rival Rohm & Haas Company (“R&H”) to proceed. Dow agreed to sell a range of assets to an FTC approved buyer and put in place mechanisms […]

THREE MORE AIR CARGO CARRIERS CHARGED IN THE WORLDWIDE PRICE-FIXING CONSIRACY INVESTIGATION

January 22, 2009 at 10:45 pm

On January 22, 2009, three air cargo airlines, LAN Cargo S.A. (“LAN”), a Chilean company, Aerolinhas Brasileiras S.A. (“ABSA”), a Brazilian company, and EL AL Israel Airlines Ltd. (“EL AL”), an Israeli company, each pled guilty for their role in a worldwide conspiracy to fix prices in the air cargo […]

THREE MORE AIR CARGO CARRIERS CHARGED IN THE WORLDWIDE PRICE-FIXING CONSPIRACY INVESTIGATION

January 22, 2009 at 12:06 pm

On January 22, 2009, three air cargo airlines, LAN Cargo S.A. (“LAN”), a Chilean company, Aerolinhas Brasileiras S.A. (“ABSA”), a Brazilian company, and EL AL Israel Airlines Ltd. (“EL AL”), an Israeli company, each pled guilty for their role in a worldwide conspiracy to fix prices in the air cargo […]

FORMER EXECUTIVES AT TFT-LCD PANEL MAKERS CHARGED IN GLOBAL CONSPIRACY TO FIX PRICES

January 15, 2009 at 10:43 pm

On January 15, 2009, Chang Suk (“C.S.”) Chung, former Vice President of Monitor Sales for LG Display Co. Ltd. (“LG”), Chieng-Hon Lin (“Frank”), former Chairman and Chief Executive Officer for Chunghwa Picture Tubes Ltd. (“Chunghwa”), Chih-Chun Liu (“C.C.”), former Vice President of LCD Sales for Chunghwa, and Hseuh-Lung Lee (“Brian”), […]

ANOTHER HOME DEPOT EMPLOYEE PLEADS GUILTY IN CONSPIRACY TO DEFRAUD COMPANY

January 15, 2009 at 10:41 pm

On January 15, 2009, Ronald K. Johnston, a former employee of Home Depot, pled guilty to conspiring to commit wire fraud and for two counts of filing false tax returns in an attempt to defraud Home Depot. The conspiracy took place between 2005 and 2007. Specifically, Mr. Johnston received kickbacks […]

FORMER EXECUTIVES AT TFT-LCD PANEL MAKERS CHARGED IN GLOBAL CONSPIRACY TO FIX PRICES

January 15, 2009 at 12:04 pm

On January 15, 2009, Chang Suk (“C.S.”) Chung, former Vice President of Monitor Sales for LG Display Co. Ltd. (“LG”), Chieng-Hon Lin (“Frank”), former Chairman and Chief Executive Officer for Chunghwa Picture Tubes Ltd. (“Chunghwa”), Chih-Chun Liu (“C.C.”), former Vice President of LCD Sales for Chunghwa, and Hseuh-Lung Lee (“Brian”), […]

ANOTHER HOME DEPOT EMPLOYEE PLEADS GUILTY IN CONSPIRACY TO DEFRAUD COMPANY

January 15, 2009 at 12:03 pm

On January 15, 2009, Ronald K. Johnston, a former employee of Home Depot, pled guilty to conspiring to commit wire fraud and for two counts of filing false tax returns in an attempt to defraud Home Depot. The conspiracy took place between 2005 and 2007. Specifically, Mr. Johnston received kickbacks […]