Emily Townsend
Subscribe to Emily Townsend's PostsCourt of Justice of the European Union Rejects the Appeal of Italian National Extradited to the United States for Price-Fixing Violation
By Emily Townsend on Feb 9, 2015
Posted In EC Developments, Italian Developments
On February 9, the Court of Justice of the European Union made public its January 28, 2015 order rejecting the appeal of Mr. Romano Pisciotti, an Italian national who was extradited from Germany to the United States in April 2014 for his role in the marine hose price-fixing conspiracy. On July 2, 2014, the General...
Continue Reading
Seventh Circuit Denies Rehearing in LCD Price-Fixing Suit by Motorola
By Emily Townsend on Jan 20, 2015
Posted In Cartel Enforcement, Private Litigation
On January 12, the Seventh Circuit Court of Appeals refused Motorola Mobility LLC’s petition for a rehearing en banc of its price-fixing claims against foreign manufacturers of liquid crystal display (LCD) panels. Motorola Mobility LLC v. AU Optronics Corp., et al., case number 14-8003. Motorola alleged that these foreign manufacturers violated Section 1 of the...
Continue Reading
Foreign Airlines Move to Dismiss Rate-Fixing Litigation
By Emily Townsend on Jan 16, 2015
Posted In Cartel Enforcement, Private Litigation
Last Friday, foreign cargo carriers filed motions to dismiss an air freight price-fixing suit brought by Schenker AG, the logistics division of Germany’s national railway company, Deutsche Bahn, in the Eastern District of New York. Schenker AG v. Societe Air France, et al., case number 1:14-cv-04711. In its complaint filed last August, Schenker alleged that...
Continue Reading
Despite Potential Market Manipulation, FERC Declines to Reject Power Auction Results
By Emily Townsend on Dec 31, 2014
Posted In Energy/Commodities
The Federal Energy Regulatory Commission (FERC or the Commission) recently opted not to take action to set aside the results of a power auction that was allegedly manipulated. In the face of significant public complaints, the Commission ordered revisions to tariff provisions governing future auctions. While it opted not to take action here, the opinions...
Continue Reading
FTC Staff Comments on New York State Proposal to Transform Power Distribution
By Emily Townsend on Dec 30, 2014
Posted In Energy/Commodities, FTC Developments
In April 2014, the New York Public Service Commission’s (NY PSC) Reforming the Energy Vision (REV) initiative “propose[d] a platform to transform New York’s electric industry . . . with the objective of creating market-based, sustainable products and services that drive an increasingly efficient, clean, reliable, and customer-oriented industry.” In August 2014, the NY PSC...
Continue Reading
Summary Judgment Affirmed by Sixth Circuit in Broker Commission Price-Fixing Litigation
By Emily Townsend on Nov 21, 2014
Posted In Private Litigation
On November 13, 2014, the Sixth Circuit Court of Appeals upheld the dismissal of price-fixing claims against two home brokerage service firms in Kentucky, McMahon Co. and HomeService of America, Inc. Hyland, et al. v. HomeServices of America Inc., et al., case number 12-5947. The plaintiffs, a class of Kentucky brokers, alleged that the defendants...
Continue Reading
NCAA Appeals Ruling on Compensation for Student-Athletes
By Emily Townsend on Nov 19, 2014
Posted In Private Litigation
On November 14, 2014, the National Collegiate Athletic Association (NCAA) submitted its initial brief to the Ninth Circuit Court of Appeals challenging the Northern District of California’s August decision that the NCAA’s rules banning student-athletes for being compensated for the use of their names, images and likenesses violated antitrust laws. O’Bannon v. National Collegiate Athletic...
Continue Reading
Sham-Wow! Antitrust Liability May Attach to Sham Administrative Petitions
By Emily Townsend on Oct 1, 2014
Posted In Healthcare Antitrust, IP Antitrust
Addressing whether the “sham” exception to Noerr-Pennington immunity is limited to sham litigation in courts, the U.S. Court of Appeals for the Federal Circuit vacated a lower court’s summary judgment of no antitrust liability, finding that antitrust liability can attach to sham administrative petitions and that the sham litigation exception is not limited to court...
Continue Reading
The Importance of an Effective Compliance Program
By Emily Townsend on Sep 12, 2014
Posted In DOJ Developments
On September 9, 2014, Brent Snyder, Deputy Assistant Attorney General of the U.S. Department of Justice Antitrust Division, provided prepared remarks on the subject of “Compliance is a Culture, Not Just a Policy,” before the International Chamber of Commerce/United States Council of International Business Joint Antitrust Compliance Workshop in New York City. Snyder explained that...
Continue Reading
Physicians Write Letter to FDA Regarding Biosimilar Naming Concerns
By Emily Townsend on Aug 25, 2014
Posted In Healthcare Antitrust
On Thursday, August 14, 2014, several physicians wrote a letter to Commissioner Hamburg of the U.S. Food and Drug Administration (FDA) expressing their concerns regarding the naming of biosimilar products in light of the implementation of the Biologics Price Competition and Innovation Act (BPCIA). Unlike traditional small-molecule prescription drugs, most biologics are complex and are...
Continue Reading
