The Public Patent Foundation has filed suit in federal court in the Southern District of New York seeking to invalidate, on antitrust and other grounds, more than twenty Monsanto Company patents involving genetically- modified seed. The suit was filed on behalf of numerous organic farmers, seed businesses, and agricultural groups that do not want to use genetically […]
Author Archives: Steve Semeraro
Organic Farmers Seek to Invalidate Monsanto’s Genetically-Modified Seed Patents
July 7, 2011 – 5:23 pm
Antitrust Counterclaim Vs. Nation’s Largest Milk Seller Survives
July 1, 2011 – 1:19 pm
Southern District of Florida Judge Marcia G. Cooke denied a motion to dismiss a counterclaim by milk distributor McCowtree Brothers Dairy Inc. that exclusive supply agreements between milk processor Dean Foods and milk producers violate the Clayton Act. The agreements are alleged to have resulted in Dean’s monopoly of the south Florida milk market, higher […]
Sixth Circuit Reinstates Claims for Continuing Conspiracy in Restraint of Carpet Trade
July 1, 2011 – 1:16 pm
The Sixth Circuit revived an antitrust suit brought by Tennessee carpet dealer Watson Carpet & Floor Covering Inc. alleging rival dealer Carpet Den Inc. and supplier Mohawk Industries Inc. have conspired for more than a decade to force Watson out of business. The appeals court reversed the lower court’s ruling that Watson Carpet had failed […]
ECJ Upholds International Removals Cartel Ruling
July 1, 2011 – 11:47 am
The Court of Justice of the European Union has upheld the EC decision that competitors cartelized the Belgium international removals market. The Court, however, reduced the fine imposed on Gosselin and annuled the fine of imposed on Verhuizingen Coppens.
EC Investigates Automotive Safety Systems Companies
July 1, 2011 – 11:43 am
Suspecting anticompetitive practices, the European Commission inspected the offices of companies that supply automotive occupant safety systems, including car seatbelts, airbags and steering wheels.
Lawful Conduct Cannot Be Used to Prove Anticompetitive Intent
June 30, 2011 – 4:57 pm
Central District of California Judge Cormac J. Carney has held that an antitrust plaintiff in a Section 2 case may not use evidence of lawful conduct to bolster claims that other allegedly predatory conduct constituted unlawful monopolization. Judge Carney certified the ruling for interlocutory appeal. The plaintiff, Arminak, a household products packaging company alleged that Calmar […]
DC Circuit Upholds FCC Rule on Channel Access
June 30, 2011 – 4:43 pm
The DC Circuit rejected cable company arguments that the FCC had exceeded its statutory authority in closing the so-called terrestrial loophole that allowed cable providers to retain exclusive access to non-satellite channels, which often include local sports programing. AT&T intervening on the FCC’s behalf argued that foreclosing competitive TV providers from access to local sports […]
Supreme Court Upholds Cost Based Access to Incumbant Phone Network
June 30, 2011 – 4:35 pm
The U.S. Supreme Court upheld the FCC interpretation of the 1996 Telecommunications Act requiring that incumbent local telephone networks provide access to competitors at cost. AT&T had argued that cost-based access was no longer required and the Sixth Circuit agreed. The high court, however, sided with the Federal Communications Commission, which argued that cost based […]
DOJ Proseuction of Blue Cross of Michigan to Move Forward
June 30, 2011 – 1:41 pm
Update June 2011: Eastern District of Michigan Judge Denise Page Hood has denied a motion to dismiss the U.S. Department of Justice’s lawsuit against Blue Cross Blue Shield of Michigan. The antitrust suit alleges that the most-favored-nation clauses in the health insurance company’s contracts with hospitals have effectively immunized Blue Cross Blue Shield of Michigan from competition […]