In Food Lion LLC et al. v. Dean Foods Co et al., Eastern District ofTennessee Judge J. Ronnie Greer, granted defendants’ Dean Foods Co., Dairy Farmers of America, Inc., and others’, motion for summary judgment, thereby dismissing a direct purchaser multidistrict antitrust litigation over milk prices. In their suit, the retail sellers of processed milk, […]
Author Archives: Steve Semeraro
Direct Purchaser Multidistrict Antitrust Litigation Over Milk Prices Dismissed
March 30, 2012 – 9:51 am
Per Se Antitrust Claim Dismissed In Nurses’ Wage-Fixing Suit
March 23, 2012 – 8:27 pm
In Cason-Merendo et al. v. Detroit Medical Center et al., Eastern District ofMichigan Judge Gerald E. Rosen, in a class action suit filed by nurses who claim they were underpaid by hundreds of millions of dollars, granted summary judgment on plaintiffs’ per se antitrust claim that the hospitals conspired to fix wages. In their suit, […]
Non-Compete Agreement That Restricts Competitor’s Entry Into the Market Violates Antitrust Laws
March 23, 2012 – 10:11 am
In C-E Mineral Inc. v. Carbo Ceramic Inc., Northern District ofGeorgia Judge J. Owen Forrester granted C-E Mineral Inc.’s motion for a preliminary injunction barring Carbo Ceramics Inc. from enforcing an eight-year-old non-compete provision in a supply contract to restrict C-E’s sales of rival ceramic proppants. The injunction is part of a C-E’s declaratory suit […]
Mainframe Resale Suit Tossed by the Court For Lack of Showing of Harm to the Mainframe Market
March 20, 2012 – 8:42 pm
In QGSI Inc. v. IBM Global Financing et al., Southern District of Florida Judge Kenneth L. Ryskamp, granted a motion to dismiss a case filed by a reseller of computer mainframes. QSGI Inc. sued IBM Corp. alleging that IBM violated Florida’s Antitrust and Deceptive and Unfair Trade Practices Acts by engaging in monopolistic business practices […]
Class Certification Denied In Pineapple Sham Patent Suit
March 20, 2012 – 3:50 pm
In Conroy v. Fresh Del Monte Produce Inc. et al., California First District Court of Appeal upheld the denial of class certification in a case filed by direct and indirect purchasers, accusing Fresh Del Monte Produce Inc. of securing a patent for a variety of pineapple that it knew to be unpatentable and subsequently using […]
Vehicle Lights Pricing Conspiracy Suit Gets the Green Light
March 20, 2012 – 3:31 pm
In U.S. v. Hsu, Northern District of California Judge Richard Seeborg, denied a motion brought by defendants Eagle Eyes, E-Lite Automotive, Inc., and two top Eagle Eyes’ executives, to dismiss an indictment against them for conspiring to fix prices for replacement vehicle lights. According to the indictment, defendants participated in the conspiracy to set rates […]
Botox Rival Barred From Selling Its Products After Employees’ Trade Secret Theft
March 20, 2012 – 3:06 pm
In Allergan Inc. v. Merz Pharmaceuticals LLC et al., Central District of California Judge Andrew J. Guilford barred Botox competitor, Merz Pharmaceuticals LLC, from selling wrinkle-reducing drug Xeomin. Botox maker, Allergan Inc., filed the case accusing seven of its former employees and Merz, of misappropriating trade secrets and violating the Lanham Act. In its suit, […]
Copper Tubing Cartel Action to Move Forward
March 19, 2012 – 3:16 pm
In Carrier Corporation et al. v. Outokumpu Oyj et al., the Sixth Circuit Court of Appeals reinstated a suit filed by an air conditioner and refrigeration company, Carrier Corporation, accusing copper tubing manufacturer, Outokumpu Oyj, of engaging in a long-running conspiracy to strangle the U.S. market for “ACR” copper tubes. The Sixth Circuit held that […]
Multimedia Messaging Antitrust Suit Dismissed for Lack of Standing
March 19, 2012 – 3:13 pm
In Bruce Max Davis et al. v. AT&T Wireless Services, Inc. et al., California federal judge Dean D. Pregerson, tossed a putative antitrust conspiracy class action under the Sherman Act and California Cartwright Act. The complaint alleged price-fixing and unfair competition, and was filed by multimedia content owners and producers against AT&T Mobility LLC, Verizon […]
Predatory Pricing Claims Could Not Be Supported in the Army Camouflage Monopoly Suit
March 19, 2012 – 3:12 pm
In GMA Cover Corp. v. Saab Barracuda LLC, U.S. District Court for the Eastern District of Michigan Judge Mark A. Goldsmith adopted U.S. Magistrate Judge Paul J. Komives’ report, tossing a suit that accused Saab Barracuda LLC of manipulating prices of camouflage nets it sold the U.S. Army. In its suit, Saab’s rival, GMA Cover […]