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News Corp says 'amicable' deal ends N.Y. antitrust suit - Reuters

  • Valassis Communications agreed to dismiss claims with prejudice
  • Paul, Weiss team defended News Corp at trial

(Reuters) - Marketing services company Valassis Communications Inc said Monday it has settled its antitrust suit against rival News Corp, a deal that came nearly a month after a jury began hearing testimony in the case in New York federal court.

The companies jointly filed a notice in U.S. District Court for the Southern District of New York saying Valassis would voluntarily dismiss its claims with prejudice.

The terms of the deal were not publicly disclosed.

Valassis, represented by New York-based litigation boutique Holwell Shuster & Goldberg, accused News Corp and several subsidiaries, including News America Marketing, of monopolizing the in-store promotion industry.

News Corp's lawyers at Paul, Weiss, Rifkind, Wharton & Garrison disputed the claims. The jury had been out since July 13.

A lawyer for News Corp, Paul, Weiss litigation department co-chair Kenneth Gallo, and a lawyer for Valassis, Michael Shuster of Holwell Shuster, did not return messages seeking comment.

News Corp said in a statement the company was "pleased that we reached an amicable settlement." A representative from Valassis did not immediately return a message seeking comment.

The trial began June 29 before U.S. District Judge Kevin Castel in Manhattan. The litigation explored the market for in-store brand promotion such as signage on grocery shelves. News Corp and Valassis competed for contracts with major U.S. retailers to place in-store promotion for manufacturers and distributors.

Michael Kowalczyk, a former executive at Livonia, Michigan-based Valassis who oversaw in-store promotion, testified that News Corp's contracting practices, including efforts to land long-term exclusive deals, were anticompetitive.

Gallo said in a court filing on July 13 that Valassis "actively competed" with News Corp's marketing subsidiary and won away retailer contracts. Gallo argued in the filing that Valassis had failed to show that News Corp practices had harmed industry competition.

The case is Valassis Communications Inc v. News Corp, U.S. District Court for the Southern District of New York, No. 1:17-cv-07378-PKC.

For Valassis: Michael Shuster and Scott Danner of Holwell Shuster & Goldberg

For News Corp: Kenneth Gallo of Paul, Weiss, Rifkind, Wharton & Garrison

Read more:

News Corp's Paul Weiss team attacks antitrust claims in N.Y. trial

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