Update August 2010:The Northern District of Georgia court overseeing what is now multidistrict litigation dismissed the monopolization claims on the ground that the defendants’ conduct could not have monopolized the Atlanta market. The conspiracy to restrain trade claim is proceeding.
In Avery et al. v. Delta Air Lines et al., airline passengers filed a putative class [...]
Category Archives: Section 2 Standards
Class Action Alleging a Conspiracy to Adopt Baggage Fees Moving Forward
August 9, 2010 – 1:43 pm
ECJ Upholds De Beers’ Commitments re: Rough Diamond Purchases
July 26, 2010 – 2:15 pm
On June 29, 2010, the ECJ overturned the General Court’s judgment and reinstated the EC’s decision to make De Beers’ commitments to end purchases of rough diamonds from Alrosa binding.
Merchant “Anti-steering” Suit Against AmEx to Move Forward
May 28, 2010 – 1:29 pm
Judge Nicholas Garaufis, E.D. N.Y., refused to dismiss suits filed by major drugstore chains challenging the so-called anti-steering rules imposed by American Express to limit merchant conduct that would dissuade customers from using AmEx cards. Although the court agreed that the entry into the merchant card acceptance agreements triggered the start of the statutory period and [...]
E-bay Monopolization Case Dismissed
May 28, 2010 – 11:26 am
Judge Jeremy Fogel, N.D. California, has granted summary judgment to E-bay in a case alleging that it monopolized the online auction market on the ground that the plaintiffs lacked antitrust injury. The court found that the plaintiffs had presented no evidence of either restricted output or supra-competitive prices.
Monpolization Case Against BP to Move Forward
May 28, 2010 – 11:20 am
Judge James Zagel, N.D. Illinois, permitted monopolization claims against BP for seeking to corner the market for propane to proceed. The court held that issues of fact prohibit summary judgment on BP’s standing and statute of limitation defenses.
Ninth Circuit Holds that AT&T Did Not Monopolize Underground Concrete Vault Market
May 27, 2010 – 1:41 pm
The Ninth Circuit affirmed summary judgment for a group of AT&T affiliates holding that a contract with a supplier of underground concrete vaults used by developers to install wiring did not improperly monopolize the market because it did not result in supra-competitive prices and did not improperly harm the plaintiff’s market position.
Kitchenaid Accused of Monoplizing Mixer Attachment Market
May 25, 2010 – 4:42 pm
Update April 2010: The court dismissed the complaint without prejudice for failing to adequately allege a market and injury to competition. The plaintiffs then filed an amended complaint.
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 [...]
AT&T Is Restrained From Continuing Its Allegedly Predatory Pricing Programs
May 25, 2010 – 12:30 pm
Update May 2010: The Fifth Circuit overturned the preliminary injunction and granted AT&T’s motion to dismiss on the ground that the federal courts lack subject matter jurisdiction to review the content of interconnection agreements governed by state law.
Update December 2009: Judge Solis denied AT&T’s motion to dismiss & converted the TRO into a PI. The [...]
Casino Game Antitrust Suit to Proceed to Trial
May 25, 2010 – 9:54 am
Update May 2010: Judge Sue L. Robinson, District of Delaware dismissed Bally’s antitrust counterclaims on the ground that successful patent litigation cannot give rise to antitrust liability. The case is currently pending appeal on the court’s conclusion that the patents were valid.
Update: The trial judge has certified its decision on the validity of IGT’s patents [...]