Vermont District Court Judge Christina Reiss refused to dismiss attempted monopolization claims filed by dairy farmers against the Dairy Farmers of America, Inc. and Dean Foods Co. Although questions remained about the product market and whether the statute of limitations was met, the court found the allegations sufficient to move forward. The court did dismiss [...]
Author Archives: Steve
En Banc Federal Circuit Narrows Patent Misuse Defense
August 31, 2010 – 3:38 pm
In a divided opinion, the en banc Federal Circuit has overturned a panel opinion that had permitted Princo to assert a patent misuse defense to a patent infringement action filed by Philips. Princo alleged that Philips had agreed with Sony not to license the relevant patent for non-standardized uses, reducing competition in the market. In [...]
Class Action Alleges Price Fixing in the Sale of Optical Disc Drives
August 31, 2010 – 3:17 pm
Classes of direct and indirect purchasers have filed suit in the Northern District of California alleging that optical disc drives. The complaint alleges that the defendants agreed to charge higher prices and rig electronic auctions to ensure that the certain price floors were maintained.
DOJ Signs Off on United-Continental Merger
August 31, 2010 – 3:06 pm
The Antitrust Division agreed not to challenge the United-Continental merger when the merging airlines agreed to lease 18 pairs of takeoff and landing slots at Newark Liberty International Airport to discount carrier Southwest Airlines. Aside from the concern about barrier to entry into Newark, which were alleviated by the leasing agreement, the Antitrust Division took [...]
EC Investigating Marine Insurance Providers
August 31, 2010 – 2:57 pm
The EC is investigating a network of ship insurers known as the International Group of Proection & Indemnity Clubs exploring concerns about claim-sharing and joint-reinsurance agreements. The EC announced that it would look into whether the organization’s agreements with member insurers restrains competition. The investigation was triggered by the expiration of an exemption applicable to insurance agreement [...]
Drug Wholesalers Claim Dismissed for Lack of Evidence of Market Power or Conspiracy
August 31, 2010 – 12:10 pm
Update August 2010: The Second Circuit has affirmed this decision.
In RxUSA Wholesale Inc. v. Alcon Laboratories Inc. et al., Eastern District of New York Judge Denis R. Hurley has dismissed a $2.3 billion antitrust lawsuit accusing 16 pharmaceutical manufacturers and a group of drug distributors of conspiring to keep RxUSA Wholesale Inc., a secondary distributor, [...]
Racetrack Simulcast Boycott Case Survives Motion to Dismiss
August 31, 2010 – 10:53 am
Update August 2010: The court granted summary judgment for the racetrack and broadcaster defendants on the ground that they could not question the no broadcast order. The case is still proceeding against the other defendants.
District of Maryland Judge Richard Bennett denied the defendants motion to dismiss in a case filed by a racetrack and off-track [...]
Blood Reagent Price-Fixing MDL Moves Forward
August 27, 2010 – 4:03 pm
E.D. PA Judge Jan Dubois denied defendant Immucor Inc. & Johnson & Johnson subsidiary Ortho-Clinical Diagnostics Inc. motion to dismiss on the ground that the plaintiffs had failed to sufficiently allege an agreement. The judge cited the close timing of the defenants’ price increases for blood reagent; their cancellations of contracts with group purchasers; and [...]
NCAA Standard for Lacrosse Stickhead Design Not Anticompetitive
August 27, 2010 – 3:54 pm
The Sixth Circuit has upheld the dismissal on the pleadings of lacrosse stick manufacturer Warrior Sports’s complaint alleging that the NCAA violated Section 1 of the Sherman Act by agreeing with Warrior’s competitors to adopt a new rule that prohibited the use of all of the stick models currently sold by Warrior. After meeting with [...]
New Merger Guidelines Released
August 19, 2010 – 3:30 pm
The United States Department of Justice, Antitrust Division, and the Federal Trade Commission have released new merger guidelines explaining how the enforcement agencies review horizontal mergers. The merger guidelines have existed in various forms since 1968. The last major revision was in the mid-1990s. The agencies announced last fall that they were planning to revise the [...]