Category Archives: Predatory Pricing

Baseball Fans Launch Antitrust Suit Over Internet and TV Baseball Game Packages

In Garber et al. v. Office of the Commissioner of Baseball et al., a group of baseball fans launched a putative class action against Major League Baseball Enterprises Inc., the Office of the Commissioner of Baseball, several baseball clubs, and several cable and Internet providers, including Comcast and Directv LLC, claiming their live-game video offerings [...]

Resale Price Maintenance Agreements Held To Be Legal In New York

In People of the State of New York et al. v. Tempur-Pedic International Inc., New York state appeals court upheld a dismissal of the state’s suit against Tempur-Pedic International Inc., claiming that Tempur-Pedic’s policy forbidding retailers of its products from setting their prices below the range set out by the company’s guidelines, constitutes illegal resale [...]

First Circuit Revives U-Haul Price-Fixing Suit

In Liu et al. v. Amerco et al., First Circuit Court of Appeals vacated the dismissal of a putative class action brought against U-Haul International, Inc., alleging that it invited its rival, Avis Budget Group, Inc., to collude on truck rental prices.  In her suit, plaintiff claimed that U-Haul’s unfair and deceptive practices caused her [...]

Kansas Supreme Court Saves Fashion Accessories Price-Fixing Suit

In O’Brien et al. v. Leegin Creative Leather Products Inc., Kansas Supreme Court overturned a state district court decision to grant Brighton Collectibles, a unit of Leegin Creative Leather Products Inc., summary judgment in the state antitrust consumer class action suit.  In their suit, the plaintiffs allege that Brighton’s policy, requiring all of its retailers [...]

Court Allows Price-Fixing Conspiracy Claims Against LCD Panel Makers To Move Forward

In Jaco Electronics Inc. v. AU Optronics Corp. et al., Northern District of California Judge Susan Illston denied a motion to dismiss, filed by NEC Corp., and other LCD panel makers, allowing Jaco Electronics Inc.’s, antitrust lawsuit to move forward.  Jaco’s suit is part of multidistrict litigation over a massive LCD price-fixing conspiracy, alleging that [...]

Direct Purchaser Multidistrict Antitrust Litigation Over Milk Prices Dismissed

In Food Lion LLC et al. v. Dean Foods Co et al., Eastern District ofTennessee Judge J. Ronnie Greer, granted defendants’ Dean Foods Co., Dairy Farmers of America, Inc., and others’, motion for summary judgment, thereby dismissing a direct purchaser multidistrict antitrust litigation over milk prices.  In their suit, the retail sellers of processed milk, [...]

Class Certification Denied In Pineapple Sham Patent Suit

In Conroy v. Fresh Del Monte Produce Inc. et al., California First District Court of Appeal upheld the denial of class certification in a case filed by direct and indirect purchasers, accusing Fresh Del Monte Produce Inc. of securing a patent for a variety of pineapple that it knew to be unpatentable and subsequently using [...]

Vehicle Lights Pricing Conspiracy Suit Gets the Green Light

In U.S. v. Hsu, Northern District of California Judge Richard Seeborg, denied a motion brought by defendants Eagle Eyes, E-Lite Automotive, Inc., and two top Eagle Eyes’ executives, to dismiss an indictment against them for conspiring to fix prices for replacement vehicle lights.  According to the indictment, defendants participated in the conspiracy to set rates [...]

Predatory Pricing Claims Could Not Be Supported in the Army Camouflage Monopoly Suit

In GMA Cover Corp. v. Saab Barracuda LLC, U.S. District Court for the Eastern District of Michigan Judge Mark A. Goldsmith adopted U.S. Magistrate Judge Paul J. Komives’ report, tossing a suit that accused Saab Barracuda LLC of manipulating prices of camouflage nets it sold the U.S. Army.  In its suit, Saab’s rival, GMA Cover [...]

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 [...]