Stolt-Nielsen Amnesty Dispute Named Top Antitrust Story of the Year by the Voluntary Trade Council

Arlington, Virginia – The Voluntary Trade Council (VTC) today released its list of the Top Ten Antitrust Stories of 2006. Topping the list at number one is the U.S. Department of Justice’s indictment of Stolt-Nielsen Transportation Group (SNTG), and the concurrent litigation to enforce Stolt-Nielsen’s earlier amnesty agreement with the government.

Stolt-Nielsen began 2006 defending a district court victory that upheld a 2003 promise by the DOJ not to indict the company and its executives for alleged “price-fixing” in the international parcel tanker industry. In March, the Third Circuit Court of Appeals said the district court lacked jurisdiction to hear Stolt-Nielsen’s case, clearing the way for the government’s indictment of the company in September. In October, the U.S. Supreme Court denied Stolt-Nielsen’s petition to review the Third Circuit’s decision.

Number two on VTC’s list is the Federal Trade Commission’s August 2 decision finding Rambus Inc. guilty of unfair trade practices. Four years ago, Rambus, a California based memory developer, was charged by FTC officials with concealing patent applications from an industry standard-setting group. In October, the Commission heard arguments on potential remedies, including forcing Rambus to forfeit millions in patent royalties.

The number three story is U.S. District Judge Emmett Sullivan’s ongoing review of two mergers, between AT&T & SBC and MCI & Verizon. The DOJ had earlier approved both mergers subject to certain antitrust conditions. Judge Sullivan departed from the longstanding practice of judicial deference to government antitrust reviews and instead ordered detailed briefing and arguments to determine whether approval of the deals was in the “public interest.”

Other stories on VTC’s Top Ten list include the FTC’s opposition to pharmaceutical patent infringement settlements, new legislation to authorize government wiretaps in antitrust cases, the DOJ’s prosecution of Indiana cement companies, and the Supreme Court’s decision to abandon a longstanding precedent on tying the sale of certain products.

The full text of VTC’s Top Ten list is included with this release. The list can also be accessed at http://voluntarytrade.org/newsite/modules/news/article.php?storyid=129.