The Ninth Circuit Court of Appeals has determined that an agreement among grocery chains in Southern California to share profits during an anticipated labor strike was anticompetitive in violation of the Sherman Act and rejected defendants’ argument that the violation could be excused because the agreement was designed to be used as an economic weapon in a labor dispute. California v. Safeway, Inc., Nos. 08 55671, 08-55708 (9th Cir., decided August 17, 2010). According to the court, despite the limited duration of the agreement and the fact that the groceries involved constituted, at most, 70 percent of the market, the agreement was anticompetitive because it removed all incentive to compete by providing lower prices or better service to consumers. The court disagreed that the defendants needed the pact to effectively bargain with striking employees. In this regard, the court stated, “Defendants claim no purpose for their agreement beyond strengthening their hands…
Category Archives Issue 361
The U.K. Food Standards Agency (FSA) has announced that meat from a cloned cow’s offspring has evidently entered the food supply, sparking concerns about the country’s livestock registration and tracking requirements. The agency apparently traced four female and four male calves to a cloned Holstein cow from the United States. According to FSA, farmers have not sold any milk from the three surviving females but have slaughtered the bulls and sold three for human consumption. “While there is no evidence that consuming products from healthy clones, or their offspring, poses a food safety risk, meat and products from clones and their offspring are considered novel foods and would therefore need to be authorized before being placed on the market,” stated FSA in an August 11, 2010, news release, adding that food producers who purchased such animals or their offspring “will need to seek authorization under the Novel Food Regulations.” See…
Environment Canada has reportedly announced its intention to place bisphenol A (BPA) on the country’s list of toxic substances within eight to 10 weeks, thus ending a regulatory process started in April 2008 when the government first banned polycarbonate baby bottles. According to a recently released letter from Environment Minister Jim Prentice, the agency has formally rejected the American Chemistry Council’s July 15, 2009, request for a review board because the group purportedly did not supply “any new scientific data or information with respect to the nature and extent of the danger posed by bisphenol A.” Environment Canada will provide opportunities for further comment under the Canadian Environmental Protection Act “following the publication of instruments for the preventive or control action of bisphenol A, such as a proposed regulation.” See Postmedia News, August 17, 2010. The news came shortly after Statistics Canada released a study examining lead and BPA concentrations…
The Natural Resources Defense Council (NRDC) and nearly two dozen Gulf Coast organizations have requested that the Food and Drug Administration (FDA) and National Oceanic and Atmospheric Administration (NOAA) “strengthen the current protocols and data relied on to determine whether seafood is safe for consumption and when to re-open areas for fishing” after the massive oil spill that occurred in the Gulf of Mexico. Now that some fisheries have reopened, NRDC is concerned that existing testing and assessment protocols are insufficient to protect human health and safety. The organizations call for the agencies to include chemical monitoring in their seafood analyses, contending that cadmium, copper, lead, and mercury have all been detected in crude oil studies. The August 17, 2010, letters request that the agencies (i) “ensure there is comprehensive monitoring of seafood contamination”; (ii) “ensure public disclosure of all seafood monitoring data and methods”; and (iii) “ensure that fishery…
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