Update January 2010: The U.S. Supreme Court denied certiorari, refusing to review the case.
In Nitro Distributing Inc. et at. v. Alticor Inc. et al., the Eigth Circuit Court of Appeals affirmed a judgment that Amway’s unique network marketing business model did not unfairly restrict competition among the individual contractors that distribute its product. In its [...]
Category Archives: Tying Claims
8th Circuit Affirms that Amway’s Conduct with Distributors Not Anti-competitive
January 12, 2010 – 11:51 am
By Steve
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Also posted in Section 2 Standards, Standard for Alleging Conspiracy, US Federal Courts
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Ninth Circuit Upholds SJ In Pulse Oximetry Medical Device Case
January 7, 2010 – 10:24 am
Upate January 2010: The Ninth Circuit has again ruled in favor of Tyco in a putative class action filed by Applied Orthopedic Appliances alleging that Tyco had sought to monpolize the medical device market. The appellate court affirmed summary judgment in favor of Tyco.
In Masimo Corp. v. Tyco Health Care Group LP et al., Ninth Circuit [...]
Microsoft Proposes Offering Windows Purchasers a Choice of Browser
January 6, 2010 – 4:43 pm
Update December 2009: The EC & Microsoft reached a final settlement in which Microsoft agreed for 5 years to offer a choice screen with each copy of Windows 7, Vista, or XP offering customers a choice among the most widely used Windows compatible browsers and enabling customers the option of completely turning off Microsoft’s own [...]
Dairy Cooperative Accused of Tying Access to Milk Bottling Plants
October 27, 2009 – 12:36 pm
In Allen et al. v. Dairy Farmers of America Inc. et al., Northeastern dairy farmers have filed a class action in the Vermont District Court against Dairy Farmers of America Inc., alleging DFA and Dean Foods Co. have collaborated in a price-fixing scheme and have monopolized distribution of fluid milk in the Northeast by trying up access [...]
By Steve
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Also posted in Cartel Activity, Concerted Refusal to Deal, US Federal Courts
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Federal Circuit to Revisit Sony/Philips Recordable CD Agreement Claim
October 15, 2009 – 3:31 pm
Update October 2009: The Federal Circuit has granted Philips request for en banc review of its earlier decision overturning the ITC decision that Sony and Philips had not unlawfully conspired to restrain trade.
The Federal Circuit has reversed an ITC decision rejecting a claim that Sony and Philips conspired to restrain competition in the development of [...]
Court Looks to Competitive Printer Market in Dismissing Ink Monopolization Claim
October 15, 2009 – 12:13 pm
In Xerox Corp. v. Media Sciences International Inc. et al., Southern District of New York Judge Richard Holwell granted Xerox Corp.’s motion to dismiss remaining counterclaims that it maintained an unfair monopoly on the market for the ink used in its printers, in a patent infringement suit it brought against Media Sciences Inc. Though Media [...]
Tying Claim Against Wendy’s to Move Forward
October 15, 2009 – 11:56 am
In Burda et al. v. Wendy’s International Inc. et al., Southern District of Ohio Judge George C. Smith has denied a bid by Wendy’s International Inc. to dismiss a lawsuit brought by a franchisee accusing the fast food giant of violating federal antitrust and state breach of contract laws by forcing him to purchase hamburger buns [...]
Court Sorts Out Tying Theories Against Alcon Labs
September 10, 2009 – 9:37 am
Update Sept. 2009: In Synergetics USA Inc. v. Alcon Laboratories Inc. et al., Southern District of New York Judge Denise Cote denied microsurgical device maker Synergetics USA Inc.’s bid to revive its theory of price coercion in an antitrust suit accusing Swiss rival Alcon Inc. of illegal product tying. Judge Cote ruled that Synergetics was [...]
Tying Case Against Amazon.com to Proceed
September 10, 2009 – 9:35 am
In Booklocker.com Inc. v. Amazon.com Inc., Maine District Court Judge John A. Woodstock Jr. rejected Amazon.com Inc.’s bid to toss a proposed antitrust class action filed against it by print-on-demand (POD) book publisher Booklocker.com Inc. The case alleges that Amazon improperly tied the use of its Internet site to the printing services of its subsidiary BookSurge [...]
Ninth Circuit Throws Out Tying Claim for Failure to Affect a Substantial Volume of Commerce
August 7, 2009 – 12:39 pm
In Curtis Blough v. Holland Realty, the Ninth Circuit affirmed the dismissal of a per se tying claim alleging the tying of realtor services for development to the purchase of undeveloped lots. The court held that even if a tie were shown, the plaintiffs could not prevail because there was no market for the alledged [...]