In FTC v. Watson Pharmaceuticals Inc. et al., the Eleventh Circuit Court of Appeals affirmed the dismissal of the FTC’s complaint alleging that Solvay Pharmaceuticals Inc. and manufacturers of generics versions of Androgel violated the antitrust laws by settling patent claims through an arrangement in which the branded drug company paid the generics to keep […]
Author Archives: Steve Semeraro
Optical Disc Drive Price Fixing Class Action to Move Forward
May 1, 2012 – 4:52 pm
In In re: Optical Disk Drive Products Antitrust Litigation, Northern District of California District Judge Richard Seeborg rejected motions to dismiss the class claim that the defendants conspired to rig bidding and fix prices on optical disc drives. The court had dismissed the initial complaint alleging a broad conspiracy among companies selling products containing disc […]
EU Court of Justice Affirms Antitrust Fine Against Recycler
May 1, 2012 – 4:51 pm
The EU Court of Justice affirmed a €24 million ($31.7 million) antitrust fine against recycling firm Tomra Systems ASA. The European Commission had found that the company used a system of exclusivity agreements with large retailers to restrain potential entrants into the market for automated machines that dispense cash in exchange for empty bottles. The […]
Antitrust Challenge to Flash Memory Maker Dismissed with Leave to Amend
May 1, 2012 – 4:49 pm
In PNY Technologies Inc. v. SanDisk Corp., Northern District of California Judge Yvonne Gonzalez Rogers held that the plaintiff failed to properly allege anticompetitive effect, but permitted PNY to amend its complaint. The case involves allegations than SanDisk used the threat of patent litigation to force potential licensees to enter anticompetitive licensing agreements. The court […]
State Argued For Broad Prohibition of Resale Price Maintenance Under State Law
May 1, 2012 – 4:48 pm
In People of the State of New York v. Tempur-Pedic International Inc., New York State is appealing a decision dismissing a case challenging Tempur-Pedic’s policy of informing retailers that it stop selling to them, with limited exceptions, if they undercut the mattrace manufacturer’s suggested retail price. Although federal antitrust law permits such a policy, the […]
Follow-on Private Litigation Accusing Hi-Tech Firms of Agreeing Not to Compete for Engineering Talent to Move Forward
May 1, 2012 – 4:45 pm
Northern District of California Judge Lucy Koh refused to dismiss In re: High-Tech Employee Antitrust Litigation, a case in which the plaintiffs allege that agreements among hi-tech companies to not steal each other’s engineers. In 2010, the Antitrust Division entered a consent decree with Apple, Pixar, Google, Intel, Adobe Systems, Intuit, and Lucasfilms concerning a […]
Court Refuses to Certify Advertiser Class Action Against Facebook
May 1, 2012 – 4:43 pm
Northern District of California Judge Phyllis J. Hamilton refused to certify a proposed of online advertisers in In re: Facebook Inc. PPC Advertising Litigation. The court held that the proposed class representatives did not show that they were harmed by the alleged violations. The complaint alleged that Facebook charged advertisers for cost-per-click, or CPC, advertising, […]
E-book Publishing Antitrust Case Filed
May 1, 2012 – 4:41 pm
The United States Department of Justice, Antitrust Division, and the European Commission have launched major antitrust initiatives against the e-book publishing industry and Apple. Both enforcers are attacking the publishers’ decisions to switch from a traditional resale model in which book sellers paid wholesale prices and set their own resale prices to an agency model […]
Court Allows Price-Fixing Conspiracy Claims Against LCD Panel Makers To Move Forward
April 30, 2012 – 12:54 pm
In Jaco Electronics Inc. v. AU Optronics Corp. et al., Northern District of California Judge Susan Illston denied a motion to dismiss, filed by NEC Corp., and other LCD panel makers, allowing Jaco Electronics Inc.’s, antitrust lawsuit to move forward. Jaco’s suit is part of multidistrict litigation over a massive LCD price-fixing conspiracy, alleging that […]
Court Allows Attempted Monopolization Claim Against Cessna to Proceed
April 30, 2012 – 11:53 am
In WM Aviation LLC et al. v. Cessna Aircraft Co., Middle District of Florida Judge G. Kendall Sharp, dismissed a large portion of a suit against Cessna Aircraft Co. over a 2008 runway plane crash. WM Aviation LLC and Tricor International Corp. accused Cessna of performing faulty maintenance on the jet operated by WM Aviation […]