Antitrust Law Daily Justice Department moves to terminate additional legacy judgments
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Monday, May 20, 2019

Justice Department moves to terminate additional legacy judgments

By Nicole D. Prysby, J.D.

The Justice Department has moved to terminate three antitrust orders entered in the federal district court in Atlanta between 1974 and 1979, as the judgments in the three price fixing and customer allocation cases are outdated and prohibit acts already prohibited by law.

The Department of Justice (DOJ) has moved to terminate three decades-old antitrust orders in a continuing effort to remove legacy judgments that the agency considers to be outdated and unnecessary. The Antitrust Division’s motion to terminate covers cases between 1974 and 1979 in federal district court in the Northern District of Georgia (In re: Termination of Legacy Antitrust Judgments in the Northern District of Georgia, May 16, 2019).

DOJ’s motion explains that the Antitrust Division has concluded, pursuant to its recent program to review and terminate legacy judgments, that termination of the three judgments is appropriate. The age of the judgments alone would create a presumption that they should be terminated, but they should also be terminated at this time because they are unnecessary, in that they prohibit acts already prohibited by law (such as price-fixing and customer allocation). There has been no public opposition to termination. The DOJ submitted a summary of reasons for termination for each case. The oldest of the three judgments concerned price-fixing for vending machine products. The second involved customer and territory allocation by periodical and paperback book wholesalers. The third related to customer and territory allocation, bid rigging, and exchange of price information by two armored car companies.

Attorneys: Ethan Dean Stevenson, U.S. Department of Justice, for the United States.

Companies: Georgia Automatic Merchandising Council, Inc.; ARA Services, Inc.; Central Vending Service; Old Fashion Foods, Inc.; Sands and Co., Inc.; Servomation of Atlanta, Inc.; The Macke Co. of Georgia; Atlanta News Agency, Inc.; Brink's, Inc.

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