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 [...]
Category Archives: Exclusive Dealing
Heavy Duty Manual Transmission Verdict Upheld
May 12, 2011 – 1:35 pm
District of Delaware Judge Sue Robinson denied defendant Eaton Corp.’s motion for judgment seeking to overturn a jury verdict finding that Eaton violated Sections 1 and 2 of the Sherman Act. The plaintiffs, transmission manufacturer competitors ZF and Meritor, argued that Eaton took anticompetitive actions to foreclose the plaintiffs from the manual transmission market. These [...]
Class Certified in iPhone Exclusive Dealing & Monopolization Case
January 26, 2011 – 2:46 pm
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 [...]
EC Investigates Whether Google Unfairly Promoted Its Own Services Over Its Competitors’ Services
January 17, 2011 – 12:19 am
The EU opened formal proceedings against Google to determine if it had utilized market power to push down the rank of other search and price comparison sites. The investigation was opened after the Commission received several complaints from other search providers alleging that Google was unfairly favoring its own search results. The EC will also [...]
Medical Imaging Conspiracy Case to Move Forward
August 17, 2010 – 11:06 am
Eastern District of NY Judge Leonard Wexler has denied a motion to dismiss filed by defendant CoareCore in a suit alleging that the company entered exclusive agreements with most large health insurance plans in the region, effectively excluding the plaintiff from a large portion of the market. The defendant argued that the case was time [...]
Private Challenge to Nestle Acquisition Dismissed
July 26, 2010 – 3:36 pm
Judge Savador Casellas, District of Puerto Rico, dismissed a challenge to Nestle’s acquisition of an ice cream distributor in Puerto Rico on the ground that because ice cream sales increased while prices remanded stable the plaintiff could not demonstrate antitrust injury.
Alabama Hospital Exclusive Dealing Case Dismissed
May 28, 2010 – 2:08 pm
Judge Myron Thompson, M.D. Ala, dismissed a complaint filed by medical supply equipment companies against several hospitals in the Montgomery, Alabama, area. The complaint alleged that the hospitals violated the antitrust laws by entering exclusive agreements to provide durable medical equipment such as beds, walkers, and wheelchairs, in house. The plaintiffs alleged that the hospital [...]
Third Circuit Upholds Dismissal of Claims Against Dentsply
May 27, 2010 – 2:02 pm
The Third Circuit affirmed the dismisal of two cases challenging Dentsply’s agreements with dealers with respect to the sale of competitive artificial teeth. The court first upheld the denial of the plaintiff’s motion for summary judgment on the ground that an earlier decision against Dentsply in a government case was not sufficient to establish injury [...]
Heavy-duty Transmission Manufacturer Illegal Forced Exclusive Dealing
October 27, 2009 – 12:34 pm
In ZF Meritor LLC and Meritor Transmission Corp. v. Eaton Corp., District of Delaware jury found that Eaton Corp. violated the Sherman Act and the Clayton Act, in the heavy-duty truck transmission market in a suit brought by two affiliates of rival ArvinMeritor Inc. In their suit, Plaintiffs claimed that Eaton used its dominant position in [...]