All Articles

Judge throws out cigarillo verdict for fraud on court

Judge throws out cigarillo verdict for fraud on court

GCR USA - 23 August 2019

A federal judge has thrown out a $44 million antitrust judgment against cigar maker Swisher after an indictment was unsealed in which an executive at the plaintiff company admitted it had fraudulently avoided excise taxes.

Sweet success: The Tipline for 23 August 2019

GCR USA - 23 August 2019

Cigarillo brand Swisher, known for its Swisher Sweets, received bad news in February when the US Court of Appeals for the Ninth Circuit reinstated a $44 million judgment against it, but the company’s fortunes turned early this week. Judge James Selna ruled on Monday that plaintiff Trendsettah’s failure to disclose information about its tax evasion affected its damages analysis and constituted fraud on the court, so he tossed the verdict. We have details on that case, plus an update in class certification in pay-for-delay litigation regarding an ADHD medication, and a new antitrust consent decree drawing interest. Monday is the UK’s summer bank holiday, so we will be back in your inbox Tuesday morning.

Who’s up for karaoke? The Asia-Pacific Tipline for 23 August 2019

22 August 2019

A 2017 article in an Asian in-flight magazine claimed that “the family that sings together, stays together.” It hit on the phenomenon of karaoke in Asia, which originated in Japan but has grown to be wildly popular throughout much of the region. Two providers of karaoke experiences in Taiwan have been trying to tie up since 2003, but they will have to keep trying after the country’s competition enforcer turned the music off on their attempted deal for a fourth time.

Greece nominates new competition board members

Greece nominates new competition board members

22 August 2019

The Greek government has nominated four academics for senior roles at the competition authority’s board, a week after the enforcer’s former board members filed appeals against their dismissals.

French enforcer clears football deal without penalties

French enforcer clears football deal without penalties

22 August 2019

France’s Competition Authority has unconditionally approved British chemical producer Ineos's acquisition of OGC Nice – marking the first deal the authority has examined in the football club sector.

ThyssenKrupp appeals Tata JV block

ThyssenKrupp appeals Tata JV block

22 August 2019

Steel producer ThyssenKrupp has turned to the EU General Court to challenge the European Commission’s decision to block its proposed joint venture with Tata Steel.

Pakistan clears pharma group but puts industry on notice

Pakistan clears pharma group but puts industry on notice

22 August 2019

Pakistan’s competition watchdog has set aside a prima facie finding that a pharmaceutical organisation violated cartel rules, but warned the entire sector against engaging in anticompetitive behaviour.

Eleventh Circuit denies state-action immunity for utility tying

Eleventh Circuit denies state-action immunity for utility tying

GCR USA - 22 August 2019

A Georgia city does not have state-action immunity for conditioning water service outside the city limits on use of natural gas, a federal appeals court has affirmed.

Throwback Thursday: The Tipline for 22 August 2019

GCR USA - 22 August 2019

Seven years ago today, the Federal Trade Commission announced it had closed its nonpublic investigation into whether Facebook’s proposed acquisition of Instagram violated federal antitrust law. “This action is not to be construed as a determination that a violation may not have occurred, just as the pendency of an investigation should not be construed as a determination that a violation has occurred,” the FTC said in a letter to Facebook, noting that the agency “reserves the right to take such further action as the public interest may require”. The agency is now retrospectively reviewing that acquisition, among others.

Finnish court amends bus cartel fines

Finnish court amends bus cartel fines

21 August 2019

A Finnish court has fined members of a bus cartel €8.9 million, significantly reducing the competition authority’s proposed €38 million fine.