Articles Posted in DOJ Antitrust Highlights

On May 27, 2008, the Department of Justice (“DOJ”) reached a settlement with the National Realtors Association (“NAR”) that requires NAR to allow internet-based real estate brokers to compete with traditional real estate brokers. NAR is a trade association of 1.2 million real estate members. According to the DOJ, NAR’s policies stifled competition by restricting…

On May 15, 2008, Durwanda Elizabeth Morgan Heinrich, a dirt, sand, and gravel subcontractor, and Kern Carver Bernard Wilson, a former contract employee of the U.S. Army Corps of Engineers, were each charged with one count of conspiring to commit bribery. Additionally, Heinrich was charged with two counts of offering a bribe to a public…

On May 8, 2008, Bruce McCaffrey, Quantas Airways’ Vice President of Freight for the Americas, pled guilty and agreed to serve eight months in jail as well as pay a criminal fine of $20,000 for his role in a conspiracy to fix rates for international cargo shipments. Mr. McCaffrey was the highest ranking Quantas Airways…

On May 2, 2008, the Department of Justice (“DOJ”) filed a civil antitrust lawsuit against the Consolidated Multiple Listing Services (“CMLS”) of Columbia, SC. The lawsuit, filed at the U.S. District Court in Columbia, SC, alleges that the CMLS’s rules regarding who can be a member and how those brokers must conduct their business stifles…

On April 29, 2008, the DOJ required the divestiture of assets of Regal Cinema (“Regal”) and Consolidated Theatres Holding GP (“Consolidated”) in three metropolitan areas in North Carolina in order for the $210 million merger between the companies to proceed. The DOJ believes that the transaction would have resulted in less competition and higher ticket…

On April 23, 2008, the former senior vice president of Bristol-Myers Squibb Company (“BMS”), Andrew Bodnar, was indicted for his false statements to the federal government in its investigation into a patent settlement involving a blood-thinning drug used by patients of heart attack and stroke called Plavix. Mr. Bodnar agreed to plead guilty and pay…

On April 17, 2008, Charles J. Gillespie, a former executive of Italy based Manuli Rubbers Industries SpA, pled guilty to participating in a conspiracy to rig bids, fix prices, and allocate market shares of marine hose in the United States. Mr. Gillespie also agreed to serve 12 months and one day in jail and pay…

On April 16, 2008, Japan Airlines International Co. Ltd. (“JAL”) agreed to plead guilty and pay a criminal fine of $110 million for its role in a conspiracy to fix prices for international cargo shipments. JAL was accused of attempting to fix rates on international cargo shipments to and from the United States between April…

On April 11, 2008, Aaron S. Weiner, of Aaron Weiner Construction Inc. (“AWC”), pled guilty for acting as a conduit for a million dollar kickback scheme to defraud the New York Presbyterian Hospital (“NYPH”). An owner of two construction companies located in New York paid Mr. Weiner to pose as a consultant as a means…

On April 9, 2008 Matthew W. Bittenbender, a U.S. Department of Defense (“DOD”) contractor pled guilty to conspiring to steal competitive information regarding the supply of fuel to DOD aircraft around the world. Aviation fuel is obtained by the DOD through the Defense Energy Support Center (“DESC”) which lets contracts for a variety of products.…