The Fifth Circuit has rejected a class challenge to AT&T exclusive dealing agreements with buildings to provide a so-called Triple Play of telephone, internet, and television services. The court rejected the claim on the ground that the plaintiffs allegation that a single apartment building could constitute a relevant geographic market was too narrow. Although plaintiffs [...]
Category Archives: Section 2 Standards
AT&T Exclusive Phone, TV, Internet Deals with Apartment Buildings Not Anticompetitive
February 27, 2010 – 9:57 pm
EC Investigating Lundbeck Regarding Generic Drug Entry
January 11, 2010 – 1:08 pm
The EC is investigating Danish pharmaceutical company Lundbeck to determine whether it took improper actions intended to hinder the entry of generic citalopram, and anti-depressant drug, into European markets.
Kitchenaid Accused of Monoplizing Mixer Attachment Market
January 5, 2010 – 4:42 pm
In a recent District of Arizona case, Pourfect Products has sued Whirlpool subsidiary KitchenAid alleging that the company violated Section 2 by telling retailers that an attachment fir KitchenAid’s popular mixer that is manufactured by Pourfect would damage the mixing bowl and void the warranty. Pourfect alleges that (1) the tests relied upon by KitchenAid [...]
IBM Acused of Monopolizing Mainframe Market
December 15, 2009 – 10:57 am
Neon Enterprise Software has sued IBM in the Western District of Texas arguing that the mainframe computer giant has engaged in unfair competition in telling customers that they may not use a Neon software product. According to the complaint, mainframe customers with legacy systems are effectively locked into paying IBM large licensing fees. In recent [...]
Thermostat Class Action Gets Certified
December 15, 2009 – 10:28 am
In Wright et al. v. Honeywell International Inc., Vermont’s highest court has reversed and remanded a lower state court’s denial of class certification to a consumer collective action alleging Honeywell International Inc. abused its dominant position in the thermostat market. Vermont Supreme Court held that the trial court applied too rigorous a standard in denying [...]
US Supreme Court Denies Cert in FTC v. Rambus
December 8, 2009 – 5:16 pm
Update December 2009: The EC has agreed to close its investigation of Rambus in exchange for Rambus’s agreement to issue royalty free licenses for its SDR and DDR chips and to charge 1.5% for patents necessary for later chip standards, a percentage point reduction from the company’s current royalties for DDR chips. Ramus is not [...]
AT&T Is Restrained From Continuing Its Allegedly Predatory Pricing Programs
December 3, 2009 – 12:30 pm
Update December 2009: Judge Solis denied AT&T’s motion to dismiss & converted the TRO into a PI. The Fifth Circuit denied AT&T’s request for an immediate stay, but agreed to expedited review with arguments set for February 2010.
In Budget Prepay Inc. et al. v. AT&T Inc. et al., Northern District of Texas Judge Jorge Solis [...]
DOJ to Investigate Google Book Deal
December 1, 2009 – 3:08 pm
Update November 2009: Google has agreed to amend the settlement with the Author’s Guild to limit the publication of foreign works, i.e. those not published or registered with the U.S. copyright office or published in the UK, Canada or Australia before January 5, 2009. Google also agreed to withhold display of any book Google deems [...]