The Ninth Circuit affirmed the dismissal of the California Tourism Board from a suit alleging anticompetitive agreements by rental car companies to set ancillary fees. Plaintiffs alleged that after a new law placed an assessment on rental car companies to help fund the tourism board, the state board conspired with the rental car companies to [...]
Category Archives: US Federal Courts
California Travel & Tourism Board Dismissed From Rental Car Conspiracy Case
August 19, 2010 – 1:47 pm
Golf Voucher Case Dismissed on Interstate Commerce Grounds
August 19, 2010 – 1:14 pm
S.D. Miss. Judge Halil Ozeren dismissed a complaint by a hotel associate alleging that golf courses violated the antitrust laws by offering lower voucher prices to a golfers’ association than to the hotels. The court held that the complaint failed to adequately allege an effect on interstate commerce as required by the federal antitrust laws. The [...]
Case Accusing Mastiff Breeders of Price Fixing Dismissed
August 19, 2010 – 1:06 pm
District of Ohio Judge George Smith dismissed an antitrust case against the American Mastiff Breeders Council by a former member. The plaintiff alleged that the council violated the antitrust laws by setting capping the price that could be charged for puppies and by excluding the plaintiff from the organization. The court held that the plaintiff [...]
Fifth Circuit Reaffirms Dismissal of Leegin Price Fixing Case
August 19, 2010 – 12:39 pm
The Fifth Circuit affirmed the dismissal of an amended complaint that sought to cast what were originally vertical price fixing allegations has horizontal price fixing. The case brought by a discount retailer originally alleged that Leegin imposed vertical minimum resell price maintenance that prohibited retailers from discounting the price of Leegin goods. The case went [...]
Conspiracy to Inflate Auto Insurance Rates Not Exempt From Challenge
August 19, 2010 – 10:44 am
The Ninth Circuit has reversed the dismissal of a putative class action alleging that major auto insurers conspired to use inferior repair parts while telling their customers that they were providing premium repair service that would return cars to “pre-loss” condition. As a result of the conspiracy, the plaintiff’s alleged, they paid more for auto insurance [...]
DOJ Attack on Milk Processing Plant Merger to Move Forward
August 18, 2010 – 1:18 pm
E.D. Wisconsin Judge J.P. Stadtmueller held that the Department of Justice’s complaint seeking to undo a consumated merger between milk processing plants adequately stated a claim despite less than precise allegations of the relevant geographic market. The court nevertheless expressed disappointment with the lack of specificity in the complaint.
Fraud on Patent Office Claim to Move Forward
August 18, 2010 – 1:06 pm
District of Delaware Judge Joel Pisano refused to dismiss antitrust counterclaims filed by Daewoo in a patent infringement action filed by LG. LG alleged that Daewoo and other washer manufacturers were infringing four LG owned patents. Daewoo counterclaimed, arguing that the patents are invalid and their enforcement constitutes an antitrust violation because the patents were [...]
Patent Challenge Dismissed Because Brand Market Too Narrow
August 18, 2010 – 12:58 pm
S.D. NY Judge Paul Gardephe has dismissed antitrust claims alleging that Bayer had used patents on the drugs Yasmin and Yaz anticompetitively. The court dismissed on the ground that the plaintiff’s alleged relevant markets based on the active ingredients in the drugs were irrationally narrow.
Catheter Class Action Dismissal Affirmed on Appeal
August 18, 2010 – 11:49 am
Update Aug. 2010: The Eighth Circuit has affirmed the decision dismissing the complaint on the ground that the plaintiff hospital suffered no antitrust injury because it was always free to purchase from other suppliers without giving up the ability to obtain discounts from the defendant.
Update Oct. 2009:The court dismissed the antitrust claims on the ground [...]