In a predatory pricing case between rival newspapers, a California state appellate court affirmed most of the verdict favoring the plaintiff. It rejected the defendant’s argument that the plaintiff had failed to show that the defendant could recoup its losses. The court held that although federal antitrust law requires a recoupment standard, California state law [...]
Category Archives: Predatory Pricing
California Appeals Court Distinguishes Federal Law in Upholding Predatory Pricing Verdict
August 19, 2010 – 12:54 pm
Futures Exchange Predatory Pricing Claim Dismissed
August 12, 2010 – 2:13 pm
Northern District of Illinois Judge James B. Zagel dismissed U.S. Futures Exchange’s predatory pricing claim against the Chicago Board of Trade and the Chicago Mercantile Exchange on the ground the that plaintiff had failed to show that the reduced fees were below cost as required by the antitrust laws. The court held that the fees [...]
No Price Fixing Conspiracy in Text Message Price Fixing Case
May 26, 2010 – 6:35 pm
Update May 2010: The court has held that the plaintiffs more detailed amended complaint property alleges a conspiracy. The amended complaint alleges that the defendants used the Wireless Internet Caucus to facilitate price fixing agreements with respect to text messages, including specific dates and executives who attended the meetings. Although the defendants argued that the [...]
Court Rejects Attempt to Dismiss Novir Antitrust Suit
February 8, 2010 – 5:51 pm
In Rite Aid Corp. et al. v. Abbott Laboratories; and Safeway Inc. et al. v. Abbott Laboratories, Northern California District Judge Claudia Wilken denied Abbott’s omnibus motion to dismiss plaintiffs’ claims based on John Doe 1 v. Abbott Laboratories, arguing that the drugmaker’s actions did not amount to exclusionary conduct. In John Doe 1, [...]
Price-Fixing Suit Against DSM Rubber Units To Move Forward
January 7, 2010 – 12:03 pm
In In re: Ethylene Propylene, District of Connecticut Judge Stefan R. Underhill refused to dismiss antitrust allegations against two subsidiaries of multinational manufacturing company Royal DSM NV, alleging that the defendants fixed the price of ethylene propylene diene monomer synthetic rubber used in the auto and roofing industries. The Court rejected the defendants’ contentions that [...]
Termite-Killing Products Price Fixing Conspiracy Case Dismissed
January 4, 2010 – 2:55 pm
In Valuepest.com of Charlotte Inc. et al. v. Bayer Corp. et al., a termite-killing products price-fixing conspiracy case, Fourth Circuit Court of Appeals affirmed the lower court’s decision to deny the plaintiff’s motion to correct the judgment under Rule 60 on the ground that the plaintiffs abandoned the issues of abandonment and mandate, raised in [...]
Price-Fixing Action Against Oil Companies Dismissed by Ninth Circuit As Time-Barred
December 16, 2009 – 12:13 am
In Mike Madani et al. v. Shell Oil Co. et al., Ninth Circuit Court of Appeals affirmed the dismissal of a putative class action filed by gas station owners in California accusing Shell Oil Co., Chevron Corp., and Saudi Refining Inc. of engaging in a scheme to fix fuel prices for U.S. franchise owners during [...]
Small Local Telephone Providers Accuse AT&T of Predatory Pricing
August 18, 2009 – 5:43 pm
In a Northern District of Texas case, local telephone providers are accusing AT&T of seeking to drive them out of business by refusing to permit new customers of the competitors to receive the $50 rebate that AT&T provides to its own new customers. In the past, AT&T had made this rebate available to all new [...]