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Denial of $1.5m attorney fees for Benihana arbitration win upheld

An arbitration decision denying franchisor Benihana attorney fees and costs despite being the prevailing party was upheld by a New York district court based on a reasonable, although questionable, justification for the decision. The remainder of the findings, that Benihana&r

Denial of $1.5m attorney fees for Benihana arbitration win upheld

An arbitration decision denying franchisor Benihana attorney fees and costs despite being the prevailing party was upheld by a New York district court based on a reasonable, although questionable, justification for the decision. The remainder of the findings, that Benihana&r

Milk pricing antitrust claims spill over statute of limitations

Grocer Winn-Dixie alleged that milk producers violated Sherman Act by converting dairy cows into beef. Although tolling of limitations period ruled out, issues over timing of claims and standing remained.

Procedural irregularity requires annulment of EC decision prohibiting UPS acquisition of TNT Express

The Court of Justice of the European Union has rejected an effort by the European Commission (EC) to overturn a General Court’s decision annulling the EC’s prohibition of United Parcel Service, Inc.’s acquisition of competing delivery company TNT Express N.

Trump’s AG pick could investigate rise of Silicon Valley ‘behemoths’

On the first day of his confirmation hearing, William Barr, the nominee to serve as the next U.S. Attorney General, assured members of the Senate Judiciary Committee, particularly Senator Mike Lee (R.-Utah), Chairman of the Judiciary Committee's antitrust subcommittee, t

Tunney Act proceedings for CVS-Aetna merger settlement must proceed, despite shutdown

The Department of Justice Antitrust Division’s contention that the proposed merger of CVS Health Corporation and Aetna Inc. would have benefits and efficiencies to the healthcare system foreclosed the government from seeking a delay in responding to public comments on

FTC’s $10.85 million disgorgement order against ‘debt collection enterprise,’ principals upheld

In the FTC’s enforcement action against 13 corporate entities operating together as a "single debt collection enterprise" and the founders and directors of the enterprise—William Moses and Mark Briandi—for alleged violations of the FTC Act’s

Chicken of the Sea reaches settlement in packaged seafood price fixing case

Chicken of the Sea has announced a settlement with 29 companies, resolving antitrust claims against processors of packaged seafood products for conspiring to raise prices by decreasing the size of the available products without lowering their prices. Under the terms of the s

Grocery chains’ claims against non-coop defendants in mushroom price fixing case fail

Claims brought by Winn-Dixie Stores, Inc. and Bi-Lo Holdings, LLC, alleging that a cooperative, its members, and other defendants conspired to fix prices for mushrooms, failed against all defendants other than the cooperative, held a federal district court in Pennsylvania. T

‘Wholly groundless’ exception to arbitrability tossed as inconsistent with FAA, precedent

The "wholly groundless" exception to arbitrability, that certain federal appellate courts have ruled permits a court to decide the threshold question of arbitrability when the question was wholly groundless, even though the governing arbitration rules delegated arb

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