Author Archives: Steve Semeraro

EC Opens Investigation of Google

The European Commission has launched a formal investigation into Google after several search service providers complained that the company had abused its dominant position by allegedly lowering the ranking of unpaid search results of competing services. The Commission said that it would also look into allegations that Google has implemented a series of policies to […]

European Court of Justice Upholds Annul Cartel Fine

The European Court of Justice (ECJ) dismissed the  appeal brought by Repsol, General Quimica SA, and Repsol Quimica SA  challenging a $4.9 million fine levied by the Commission. The ECJ upheld the fine, but reversed a lower court decision to hold the companies jointly and severally liable. In 2005, the EC fined the companies for […]

Novir Lawsuits Sent to Jury

Northern District of California’s Judge Claudia Wilken denied plaintiff’s motions for summary judgment sending several lawsuits against Abbott Laboratories to the jury. Plaintiffs allege that Abbott raised the price of its HIV drug Norvir in order to protect a separate drug, Kaletra, from competition. Judge Wilken said that the case could go forward on theories […]

FCC Passes Comcast-NBC Merger With Conditions

The FCC voted 4-1 to pass the Comcast-NBCU merger while imposing requirements that Comcast-NBCU provide its programming to bona-fide online distributors. Comcast-NBCU is also disallowed from discriminating based on relationships with Comcast-NBCU. In addition, Comcast-NBCU is required both to reduce the price of its broadband services for low-income citizens and include more diverse programs for […]

Class Certified in iPhone Exclusive Dealing & Monopolization Case

Update January 2010:  Northern District of California Judge James Ware dismissed with leave to amend a complaint filed by an indirect purchaser alleging that Apple charged anticompetitive fees for music that could play on non-Apple devices and had issued updates that reduced the value of i-pods because they limited the ability of the Apple device […]

Patent Exclusion Suit Dismissed on Standing Grounds

Southern District of New York Judge Denise Cote dismissed antitrust claims filed by Siti against a nonprofit patent-holding company and telecommunications giants Verizon Communications Inc., Cisco Systems Inc. and Ericsson Inc.  The plaintiff alleged that the defendants set up the holding company to o prevent small companies from selling or licensing their patents at fair market value. […]

Montana State Antitrust Dispute Resolved on Summary Judgment

District of Montana Judge Richard F. Cebull dismissed state antitrust claims filed by Montana Camo brought under the state’s Unfair Trade Practices Act, granting Cabela’s motion for summary judgment.  The plaintiff supplied camouflage clothing and licensed clothing designs to Cabela’s until disagreements arose over pricing.  Montana Camo claims that Cabela’s violated state antitrust law by (1) […]

Summary Judgment Granted on Sherman Act Claim in Universal Distribution Case

Eastern District of New York Judge Roslynn Mauskopf granted summary judgment on the Sherman Act claim brought by a pair of video distributors against Universal Music & Video Distribution Corp., Ingram Entertainment Inc., and VPD IV Inc. Judge Mauskopf adopted Magistrate Judge  Joan Azrack’s report and recommendation, which outlined how plaintiffs had failed to expose […]

EC Closes Investigation into Visa’s Debit Transaction Fees

The EC stopped investigating Visa Europe’s debit card transaction fees after charged by Visa proposed that it substantially reduce its fees. In April, 2010, Visa Europe offered to cap for the next four years the “maximum weighted average for its multilateral interchange fees (MIF) at .2% of the transaction.” The customer’s bank charges the MIF […]

Federal Jury Levies $11.3 Million Verdict Against CareCore

An Eastern District of New York jury found that CareCore National and owners of CareCore radiology practice engaged in anticompetitive practices.  In 2008, the plaintiff, a group of New York Stand-Up MRI PC radiology practices, sued alleging that CareCore and other radiology practices conspired to prevent the plaintiff from becoming participating network providers of MRI […]