Tag: Nonmerger

The FTC filed separate complaints against the three largest U.S. suppliers of ductile iron pipe fittings, which are used in municipal water systems around the United States. The FTC charged that the three companies, McWane, Inc., Star Pipe Products, Ltd., and Sigma Corporation, illegally conspired to set and maintain prices for pipe fittings, and that McWane illegally maintained its monopoly power in the market for U.S.-made pipe fittings by implementing an exclusive dealing policy. Sigma settled the FTC's charges prior to litigation (final order dated Feb. 27, 2012); Star settled soon after (final order dated May 8, 2012).  On 5/9/2013, Chief Administrative Law Judge D. Michael Chappell dismissed charges that McWane illegally conspired with its competitors to raise and stabilize DIPF prices but found that McWane violated the antitrust laws when it excluded competitors from the market for U.S. made DIPF (domestic DIPF). On 5/13/2013, both parties filed notices of appeal of the Initial Decision. On February 6, 2014, the Commission issued a decision finding that McWane unlawfully maintained its monopoly in the domestic fittings market through its "Full Support Program", which foreclosed potential entrants from accessing distributors. The Commission's order bars McWane from requiring exclusivity from its customers. On April 17, 2015, the Eleventh Circuit upheld the Commission's order.

An association representing skating teachers agreed to eliminate provisions in its bylaws that the FTC alleged limit competition among the association’s members. In its complaint, the FTC charged that the Professional Skaters Association, through its code of ethics, broadly bans members from soliciting other members’ students, and thereby deprives consumers of the benefits of competition among the 6,400 ice skating teachers and coaches who are members. According to the complaint, the PSA instructed its members that this code provision prohibited coaches from many types of direct and indirect communications with skaters and parents, and actively enforced the ban through a variety of penalties, including suspension, even over the objections of skating students and their parents who wanted to switch coaches. The consent order settling the FTC’s charges requires the Professional Skaters Association to stop restraining its members from soliciting work and competing on the basis of price. It also requires the group to change its code of ethics, publicize its settlement with the FTC, and implement an antitrust compliance program.

An association representing electricians agreed to eliminate provisions in its bylaws that the FTC charged limit competition among each association’s members. The FTC alleged that the purpose and effect of the association's bylaws has been to restrain competition by discouraging and restricting competition among PLASMA members. The consent order settling the FTC’s charges requires PLASMA to revise its bylaws, publicize its settlement with the FTC, and implement an antitrust compliance program.

The FTC issued an administrative complaint against Ferrellgas Partners, L.P and Ferrellgas, L.P. (doing business as Blue Rhino) and UGI Corporation and AmeriGas Partners, L.P. (doing business as AmeriGas Cylinder Exchange), alleging that they illegally agreed on reducing the amount of propane in their tanks sold to a key customer. The complaint alleges that, together, Blue Rhino and AmeriGas controlled approximately 80 percent of the market for wholesale propane exchange tanks in the United States. In 2008, Blue Rhino and AmeriGas each decided to implement a price increase by reducing the amount of propane in their exchange tanks from 17 pounds to 15 pounds, without a corresponding reduction in the wholesale price. On 10/31/14, AmeriGas and Blue Rhino agreed to settle FTC charges of restraining competition. Faced with resistance from Walmart, the two companies colluded by secretly agreeing to coordinate their negotiations with Walmart in order to push it to accept the reduction. The consent agreements prohibit the companies from soliciting, offering, participating in, or entering or attempting to enter into any type of agreement with any competitor in the propane exchange business to raise, fix, maintain, or stabilize the prices or price levels of propane exchange tanks through any means – including modifying the fill level contained in propane tanks or coordinating communications to customers. The companies also are prohibited from sharing sensitive non-public business information with competitors except in narrowly defined circumstances.