The Third Circuit, through a panel including retired U.S. Supreme Court Justice Sandra Day O’Connor, relied on the filed-rate doctrine to hold that a rate-setting agency need not closely scrutinize a rate application in order to trigger an exemption from the antitrust laws. The homeowner plaintiffs had argued that New Jersey and Delaware title insurers […]
Author Archives: Steve Semeraro
Third Circuit Antitrust Exemption Does Not Require Close Scrutiny by Rate Regulators
July 2, 2012 – 4:33 pm
FTC Calls for Ban on Injunctions to Enforce Standard-Essential Patents
July 2, 2012 – 4:32 pm
In two matters pending before the U.S. International Trade Commission (ITC), Matter of Certain Wireless Devices, Portable Music and Data Processing Devices, Computers and Components Thereof and In re: Certain Gaming and Entertainment Consoles, Related Software and Components Thereof, the Federal Trade Commission (FTC) and a group of major technology companies have joined forces seeking […]
Most Indirect Purchaser Claims Dismissed in Compressor Antitrust Litigation
June 21, 2012 – 2:48 pm
In In re: Refrigerant Compressors Antitrust Litigation, Eastern District of Michigan Judge Sean F. Cox dismissed many of the indirect purchaser claims in multidistrict litigation alleging a price-fixing conspiracy in the market for refrigerant compressors. Indirect purchase claims against Panasonic and Embraco North America Inc., a Whirlpool subsidiary, were retained. After reports of a government […]
Court Certifies Flonase Antitrust Class Action
June 21, 2012 – 1:39 pm
In IBEW-NECA Local 505 Health & Welfare Plan et al. v. SmithKline Beecham Corp., Eastern District of Pennsylvania Judge Anita Brody certified a class of indirect purchasers of Flonase in five states. In their suit, plaintiffs accuse GlaxoSmithKline PLC of improperly blocking rivals from bringing generic versions of the nasal spray to market by filing multiple “citizen […]
Distributors, Not Hospitals & Clinics, are the Direct Purchasers of Hypodermic Products
June 20, 2012 – 5:12 pm
In In re: Hypodermic Products Antitrust Litigation, the Third Circuit held that the direct purchasers of Becton Dickinson & Co.’s hypodermic products are the company’s distributors and not health care providers. The providers therefore lack standing to pursue federal class action antitrust damages claims against the medical technology company. The court relied on several factors […]
TV Broadcasters Must Rely on Copyright to Pursue Rebroadcaster
May 30, 2012 – 4:25 pm
Southern District of New York Judge Alison J. Nathan dismissed the plaintiffs’ unfair competition claim in a suit by TV broadcasters seeking to stop Aereo Inc. from streaming video in WNET et al. v. Aereo Inc. The court held that the federal Copyright Act’s express preemption provision bars unfair competition claims under state law. The […]
College Athlete Likeness in Video Game Case to Move Forward
May 30, 2012 – 4:24 pm
In re: NCAA Student-Athlete Name & Likeness Licensing Litigation, Northern District of California Judge Claudia Wilken denied Electronic Arts Inc. motion to dismiss multidistrict antitrust litigation alleging that it conspired to deny compensation to former college athletes for use of their likenesses in video games. Plaintiffs claim that the NCAA wrongly prohibits college players from […]
Class Challenges to South Carolina Real Estate Listing Services to Move Forward
May 30, 2012 – 4:22 pm
The Fourth Circuit has upheld the district court’s refusal to dismiss Robertson v. Sea Pines Real Estate. The case involves putative class actions alleging that South Carolina real estate listing services and brokerages conspired by enacting and enforcing rules that prohibited cost-saving innovative brokerage practices and thereby increased prices. In particular, the complaint attacks rules […]
Antitrust Investigation of Visa Debit Card Fees
May 30, 2012 – 4:20 pm
The United States Department of Justice is investigating whether Visa violated the antitrust laws when it responded to the debit card fee regulations imposed by the Dodd-Frank Wall Street Reform and Consumer Protection Act by increasing fees on merchants. In response to the legislation limiting per transaction debit card fees to about half their former […]