Category Archives: Exemptions

Energy Crisis Antitrust Suit Is Not Barred By The Commodity Exchange Act

In In re: Western States Wholesale Natural Gas Antitrust Litigation, District of Nevada Judge Philip M. Pro denied defendants’ bid for a judgment on the pleadings, ruling that antitrust claims against more than a dozen companies in the Western States Wholesale Natural Gas case, which stems from the 2000-2001 energy crisis, are not barred by [...]

MP3 Maker Claim Against Apple Dismissed

In Luxpro Corp. v. Apple Inc., Western District of Arkansas Judge Harry F. Barnes handed down an order dismissing Taiwanese MP3 player maker Luxpro Corp.’s claims against Apple Inc., for attempted common law monopolization and for interfering with Luxpro’s business partners by sending letters demanding that they cease all business relations with Luxpro and filing groundless litigation.  The [...]

DOT Approves Continental Antitrust Immunity Over DOJ Objection

The Department of Justice, Antitrust Division, recommended against granting antitrust immunity to Continental Airline’s joining the Star ATI Alliance.  It contended that Continental’s business arrangements with Star partners should be subject to antitrust scrutiny.  Nevertheless, the Department of Transportation has exercised its authority to grant the immunity.

Capper-Volstead Act Does Not Shield Mushroom Cooperative With Non-grower Member

In In re: Mushroom Direct Purchaser Antitrust Litigation, Eastern District of Pennsylvania Judge Thomas N. O’Neill denied a summary judgment motion filed by defendants, who were members of the Eastern Mushroom Marketing Cooperative Inc.  Defendants’ motion claimed that as a cooperative, they were shielded from Sherman Act liability by the Capper-Volstead Act.  The Court rejected defendants’ argument [...]