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Claims Dismissed in Insurer Class Action

Client Alert | less than 1 min read | 04.09.07

On April 9, 2007, Judge Garret E. Brown of the U.S. District Court for the District of New Jersey dismissed bid-rigging claims brought against Marsh & McLennan Cos. Inc. and several other insurance brokers and providers in a long-running, multidistrict class action lawsuit. The judge dismissed all of the plaintiffs' claims without prejudice, finding that they had not submitted enough evidence to prove that the alleged conspiracies between insurance companies and brokers were illegal. The plaintiffs alleged the defendants participated in broker-centered conspiracies that aimed to allocate customers and reduce competition. The plaintiffs alleged that the conspiracies date back to the mid-1990’s, when insurance brokers consolidated their markets.

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Client Alert | 4 min read | 07.02.25

FTC Orders Divestitures in Retail Fuel Outlet Deal and Signals a Return to More Standard Remedy Discussions

Merger consent orders are back at the FTC, and the FTC’s most recent action showcases how the current leadership is analyzing divestiture proposals. Last week, the FTC approved a proposed consent agreement in Alimentation Couche-Tard Inc.’s (ACT) acquisition of retail fuel outlets from Giant Eagle, Inc. that paired standard retail divestitures with a “prior notice” requirement that ACT notify the agency of future acquisitions in certain markets regardless of size. This FTC has signaled greater acceptance of remedies than the prior administration, and this most recent consent puts that on display, with Commissioner Meador providing merging parties guidance on designing effective remedies....