Update July 2010: The Third Circuit has affirmed holding that “[t]he Sherman Act does not forbid sanctioning bodies and other sports-related organizations from freely (i.e., without any coercion or improper interference) adopting exclusive equipment requirements, so long as such organizations otherwise possess, in good faith, sufficient pro-competitive or business justifications for their actions.” The court […]
Author Archives: Steve Semeraro
Jury Rules for Mack Truck in Dealer Conspiracy Case
June 16, 2010 – 2:22 pm
Update June 2010: The Third Circuit rejected the dealer’s appeal on grounds that the court admitted irrelevant prejudicial evidence. In an Eastern District of Pennsylvania case, a Mack Truck dealer alleged that Mack oversaw a conspiracy among its dealers to maintain truck prices and to discipline any dealer that, like plaintiff Toledo Mack, sought to […]
Alabama Hospital Exclusive Dealing Case Dismissed
May 28, 2010 – 2:08 pm
Judge Myron Thompson, M.D. Ala, dismissed a complaint filed by medical supply equipment companies against several hospitals in the Montgomery, Alabama, area. The complaint alleged that the hospitals violated the antitrust laws by entering exclusive agreements to provide durable medical equipment such as beds, walkers, and wheelchairs, in house. The plaintiffs alleged that the hospital […]
DOJ & Election Systems Agree on Asset Sell Off
May 28, 2010 – 2:00 pm
The Antitrust Division is requiring Election Systems & Software (“ESS”) to sell off allversions of Premier’s hardware, software, and firmware used to record, tabulate, transmit or report votes. The buyer must also be granted a license to use ESS’s software for disabled voters. A division spokesperson stated that the divestiture will restore competition allowing for […]
FTC Wins Order to Undo Battery Merger
May 28, 2010 – 1:36 pm
FTC ALJ ordered Polypore to sell the stake in Microporous to an FTC-approved buyer within six months of the final order. Polypore had acquired the battery maker just over two years ago, and the FTC at that time sought unsuccessfully to block the deal. The ALJ found that the FTC demonstrated that the merger had […]
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 […]
Visa Europe Commits to Reduce Debit Interchange
May 28, 2010 – 11:55 am
Update May 2010: The EC and Visa have reached an agreement to reduce debit card fees by .2%. A comment period will proceed and then an evaluation of the effectiveness of the reduction. In late April, Visa Europe commited to cut its multilateral interchange fees (MIFs) for debit card payments to .20% as the maximum weighted average MIF […]
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.
State Regulations Limiting Medical Procedures to Certain Hospitals Upheld
May 28, 2010 – 11:05 am
Judge Edward Shea, E.D. Washington, granted judgment on the pleadings in a case challenging Washington State Department of Health regulations restricting the number of hospitals that provide angioplasties. The court held that regardless of the competitive effects regulations they are exempt from antitrust scrutiny by the state action doctrine.
Honeywell Alarm Price Fixing Case Dismissed
May 27, 2010 – 3:33 pm
Judge Robert Patterson, Southern District of New York, dismissed without prejudice Integrated Systems complaint alleging that Honeywell had orchestrated a price-fixing conspiracy among retailers and terminated the plaintiff’s dealership when it refused to go along. The court held that allegations of complaints by competing dealers were insufficient to properly allege a conspiracy and that the […]