Category Archives: Indirect Purchaser Issues

Court Denies Class Certification In Pharmaceutical Pay-For Delay MDL

In In re: Skelaxin (Metaxalone) Antitrust Litigation, Eastern District of Tennessee Court Judge Curtis L. Collier denied class certifications to two groups claiming Pfizer Inc.’s King Pharmaceuticals Inc. settled a patent dispute with a deal to keep muscle relaxant Skelaxin off the market in a pay-for-delay arrangement that kept the drug prices at brand-name levels.  […]

Court Refuses to Dismiss Iron Pipe Fittings Price-Fixing Suit

In In re: Ductile Iron Pipe Fittings Indirect Purchaser Antitrust Litigation, New Jersey District Court Judge Anne E. Thompson refused to dismiss indirect purchasers’ class action against McWane Inc. and several other manufacturers, importers, and sellers of ductile iron pipe fittings, accusing the companies of fixing the products’ prices.  While the court dismissed plaintiffs’ unjust […]

Indirect Purchaser Claims Dismissed/Direct Purchaser Claims to Move Forward in Multi-District Auto Parts Antitrust Litigation

In In re: Automotive Parts Antitrust Litigation, Eastern District of Michigan Judge Marianne Batani dismissed some indirect purchaser claims, but retained direct purchaser claims, in multidistrict litigation in which the plaintiffs accuse auto parts makers of rigging bids and fixing prices on automotive wiring harnesses. The court found sufficient allegations of a conspiracy with respect […]

Special Master Issues Recommendation To Allow Retailers’ CRT Claims To Proceed

In In re: Cathode Ray Tube (CRT) Antitrust Litigation, Special Master Charles A. Legge said U.S. District Judge Samuel L. Conti should allow the so-called direct action plaintiffs, which include retail chains such as Best Buy Co. Inc. and Target Corp., to proceed with Sherman Act and several other claims against some of the Cathode Ray […]

Court Dismissed Pipe Fittings Price-Fixing Suit

In Yates Construction Co. Inc. v. Sigma Corp. et al., New Jersey District Court Judge Anne E. Thompson dismissed, with leave to amend, a putative class action brought by indirect purchasers of ductile iron pipe fittings (DIPF) who accused McWane Inc. and other producers of fixing prices for the products. The proposed class sued McWane, […]

Court Rejects Double Recovery Claim In LCD Antitrust MDL

In Rockwell Automation Inc v. AU Optronics Corporation et al., Northern District of California Judge Susan Illston rejected LG Display Co. Ltd.’s argument that Rockwell Automation Inc.’s state price-fixing claims would lead to duplicative recovery in the multidistrict litigation over liquid crystal display panels.   LG brought counterclaims and affirmative defenses against Rockwell’s Wisconsin state law […]

Flat Panel Antitrust Litigation Judge Allows Pass-On Defense Under State Law

In In re: TFT-LCD (Flat Panel) Antitrust Litigation, Northern District of California Judge Susan Illston has decided to allow some liquid crystal display manufacturers charged with price fixing to assert a pass-on defense.  The defense contends that the plaintiffs cannot recover damages because they passed on alleged overcharges to their customers.  Although the pass-on defense […]

California Supreme Court Refused to Hear Pharmacies’ Price-Fixing Case

In Clayworth v. Pfizer, the California Supreme Court denied a petition to rehear a consolidated antitrust suit, filed by a group of pharmacies, accusing Pfizer Inc., GlaxoSmithKline PLC and other drug makers of conspiring to inflate drug prices in the U.S. and keeping lower-priced Canadian drugs off the market.  The defendants originally won at the […]

Court Rejects Double Recovery Claim In LCD Antitrust MDL

In Rockwell Automation Inc v. AU Optronics Corporation et al., Northern District of California Judge Susan Illston rejected LG Display Co. Ltd.’s argument that Rockwell Automation Inc.’s state price-fixing claims would lead to duplicative recovery in the multidistrict litigation over liquid crystal display panels.  LG brought counterclaims and affirmative defenses against Rockwell’s Wisconsin state law […]

Court Denies Summary Judgment In LCD Panel Antitrust Suit

In In re: TFT-LCD Flat Panel Antitrust Litigation, Northern District of California Judge Susan Illston denied two motions for partial summary judgment, filed by several electronics makers in order to nix LCD multidistrict litigation price-fixing claims against them.   Some of the largest electronics retailers in theU.S., such as Target Corp., Best Buy Co. Inc., and […]