California Supreme Court Judge Stephen A. Brick dismissed a complaint filed by a group of pharmacies alleging that several drug manufacturers had conspired to increase drug prices. The case was initially dismissed on the ground that the pharmacies would have passed on any overcharge to their customers, but the California Supreme Court reversed that holding. […]
Author Archives: Steve Semeraro
Drug Pricing Class Action Certified
May 11, 2011 – 5:01 pm
A District of Massachusetts court certified a class of state and city plaintiffs bringing a class complaint alleging that McKesson Corp., a large drug distributer, organized a scheme to increase the posted average wholesale prices for drugs, which is used to calculate payments to pharmacies. The 2008 complaint alleges that the scheme affected prices from […]
LBO Price Fixing Case Narrowed
May 11, 2011 – 4:18 pm
District of Massachusetts Judge Edward F. Harrington dismissed the allegations of former Kinder Morgan shareholders in a broad class action alleging price fixing among Goldman Sachs, the Carlyle Group, Blackstone, and other Wall Street defendants with respect to leveraged buyouts. The court dismissed the Kinder Morgan allegations on the ground that they were covered by […]
First Circuit Rejects Martha’s Vineyard Gas Price Fixing Case
May 11, 2011 – 3:48 pm
The First Circuit has upheld summary judgment in favor of four gas stations on Martha’s Vineyard that were accused of fixing prices. The complaint alleged that the prices on the island were substantially higher than those in near by Cape Cod. The court found that transportation costs could explain the price difference, and the gas […]
EC Prestressed Steal Cartel Fines Issued
May 11, 2011 – 2:48 pm
The European Commission has fined 17 prestressed steel producers for operating a multi-national cartel from the 1980s through 2002. The fines totaled € 269 870 750.
SanDisk’s Walker Process Claim Moves Forward
May 9, 2011 – 4:06 pm
Northern District of California Judge Jeremy Fogel denied SanDisk Corp.’s motion to dismiss an antitrust class action involving Ritz Camera & Image LLC’s Walker Process claim. Ritz, who allegedly paid monopoly prices for SanDisk flash memory since 2006, alleged SanDisk enforced fraudulently procured patents. SanDisk contended that only direct competitors, not customers, could bring such claims. […]
Florida Concrete Companies Denied Motion to Dismiss
May 9, 2011 – 4:03 pm
Southern District of Florida Judge Cecilia M. Altonaga denied a motion to dismiss indirect purchasers from a class action price-fixing suit against several Florida cement companies. The complaint alleged that cement companies conspired as early as February 2008 to keep prices high in Florida. The indirect purchasers survived the motion to dismiss because at least […]
DOJ and Texas Hospital Propose Antitrust Settlement
May 9, 2011 – 4:00 pm
A Northern District of Texas court received a proposed settlement between the Department of Justice and a Texas hospital that was accused of monopolizing the hospital services market by preventing insurers from working with competitors. United Regional Health Care System of Wichita Falls, Texas, controlled hospital services in the area and was allegedly able to charge […]
Court Allows Plaintiffs To Amend Complaint in On-Line DVD Rental Antitrust Suit
May 8, 2011 – 6:23 pm
Update May 2011: The court dismissed claims filed by Blockbuster customers, alleging that the Walmart/Netflix deal led directly to Blockbuster raising its prices. The court held that there was insufficient evidence of a direct link between Update July 2010: The court has denied Walmart’s and Netflix’s motion to dismiss. Although retaining doubt about the plaintiffs’ […]
Activision Antitrust Fine Upheld by European Court of Justice
April 15, 2011 – 1:35 pm
The European Court of Justice, the European Union’s highest court, upheld a €500,000 ($680,000) fine against Activision Blizzard Germany GmbH for its antitrust violation regarding parallel exports of Nintendo products. Activision was found to have participated in a scheme, along with several other distributors including Nintendo Co. Ltd., to restrict the sale of Nintendo products […]