Recent Development in Antitrust and International Trade Law

HITACHI EXECUTIVE CHARGED FOR PARTICIPATING IN ONGOING PRICE FIXING CONSPIRACY IN TFT-LCD INDUSTRY

March 31, 2009 at 5:41 pm

On March 31, 2009, Sakae Someya, an executive at Hitachi Displays, Ltd. (“Hitachi”) was charged for participating in a conspiracy to suppress and eliminate competition in the Thin Film Transistor-Liquid Crystal Display (“TFT-LCD”) industry by fixing prices of TFT-LCD panels sold to Dell, Inc (“Dell”) for its use in notebook […]

BRISTOL-MYERS TO PAY $2.1 MILLION FOR FAILURE TO DISCLOSE AGREEMENT TO DELAY GENERIC ENTRY OF PLAVIX

March 26, 2009 at 7:23 pm

On March 26, 2009, Bristol-Myers Squibb Company (“BMS”) agreed to pay a fine of $2.1 million for failing to inform the Federal Trade Commission of oral agreements reached with Apotex, Inc., regarding potential generic competition to its drug Plavix. BMS’s conduct violated a 2003 FTC Order and the Medicare Modernization […]

MULTI-MILLION DOLLAR KICKBACK SCHEME DEFRAUDS NEW YORK CITY HOSPITAL

March 25, 2009 at 5:36 pm

On March 25, 2009, Mariusz Debowski, a resident of Connecticut who was involved in the operations of three businesses in Brooklyn, NY, pled guilty to for his role in a conspiracy to defraud the Internal Revenue Service (“IRS”). Mr. Debowski provided his co-conspirators with false documentation stating that he performed […]

MONEY LAUNDERING SCHEME AT KUWAIT AIR BASE

March 19, 2009 at 5:29 pm

On March 19, 2009, Carolyn Blake, sister of U.S. Army officer John Cockerham, pled guilty for her participation in a money-laundering scheme and accepting more than $3 million in bribes on behalf of her brother. Ms. Blake was to keep 10 percent of the money she collected for her brother. […]

CANADA AMENDS ITS COMPETITION LAW

March 12, 2009 at 9:02 pm

On March 12, 2009, the most significant amendments in 20 years to Canada’s Bill-C10 Competition Act and Investment Canada Act received Royal assent. All parts of the Bill C-10 amendment will take immediate effect except the new hybrid/dual track conspiracy provisions which will be delayed for a year. Some of […]

HITACHI PLEADS GUILTY TO ITS ROLE IN GLOBAL PRICE FIXING CONSPIRACY TO SELL LCD PANELS

March 10, 2009 at 5:26 pm

On March 10, 2009, Hitachi Displays, Ltd (“Hitachi”), a subsidiary of Hitachi Ltd (a Japanese electronics manufacturer), pled guilty and agreed to pay a fine of $31 million for its role in a conspiracy to fix the prices of Thin Film Transistor-Liquid Crystal Display panels (“TFT-LCD”) sold to Dell Inc. […]

FTC INTERVENES IN WHOLE FOODS’ ACQUISITION OF WILD OATS

March 6, 2009 at 9:12 pm

On March 6, 2009, the Federal Trade Commission (“FTC”) ordered Whole Foods Market, Inc. (“Whole Foods”) to divest 32 Wild Oats Markets, Inc. (“Wild Oats”) stores and related assets, which will restore competition in 17 markets. Whole Foods is the largest premium natural and organic supermarket chain in the United […]

FTC SETTLES WITH NAMM ON CHARGES OF ATTEMPTING TO ILLEGALLY CONSTRAIN COMPETITION

March 4, 2009 at 9:11 pm

On March 4, 2009, the National Association of Music Merchants (“NAMM”) agreed to a Federal Trade Commission (“FTC”) consent order settling charges of NAMM’s conduct that enhanced members’ ability to increase prices of musical instruments. NAMM is a trade association of U.S. manufacturers, distributors, and dealers of musical instruments. As […]

JON LEIBOWITZ NAMED CHAIRMAN OF THE FTC

March 2, 2009 at 9:11 pm

On March 2, 2009, President Obama appointed Jon Leibowitz as Chairman of the Federal Trade Commission (“FTC”). Mr. Leibowitz became a Commissioner at the FTC in September 2004. He was formerly the Democratic chief counsel and staff director for the U.S. Senate Antitrust Subcommittee from 1997 to 2000, focusing on […]