In Hexcel Corp. v. Ineos Polymers Inc., Central District of California Judge Mariana Pfaelzer denied carbon fiber manufacturer Ineo Polymers Inc.’s motion to dismiss a price-fixing suit brought by rival Hexcel Corp., rejecting Ineos’ claims that Hexcel lacked standing to bring the suit and that Hexcel’s claims were time-barred. The court held that although the […]
Author Archives: Steve Semeraro
Second Circuit Urges En Banc Review While Upholding Reverse Payment Drug Settlement
March 7, 2010 – 10:20 am
Update March 2011: The U.S. Supreme Court has denied certiorari without explanation. Update: The Second Circuit has denied drug purchasers request for en banc review of the decision upholding a reverse payment settlement between a patented drug manufacturer and a generic drug manufacturer. The Second Circuit in Ciprofloxacin Hydrochloride Antitrust Litigation held that it was […]
AT&T Exclusive Phone, TV, Internet Deals with Apartment Buildings Not Anticompetitive
February 27, 2010 – 9:57 pm
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 […]
Georgia Federal Court Upholds Reverse Payment Drug Patent Settlement
February 27, 2010 – 9:54 pm
In a multi-district consolidation, Judge Thrash, Northern District of Georgia, ruled that reverse payment settlements between Solvay Pharmaceuticals and generic drug makers involving the testosterone supplement AndroGel were legal. The Federal Trade Commission and private plaintiffs had alleged that the settlements were anticompetitive because they constituted payments in exchange for keeping generic competition off the […]
DOJ Permits Ticketmaster/Live Nation Merger to Move Forward With Divestitures
February 26, 2010 – 12:19 pm
Update February 2010: The UK enforcement authorities have withdraw their prior approval and are reconsidering the merger. The Department of Justice agreed not to challenge the Ticketmaster/Live Nation merger upon the condition that Ticketmaster would license ticketing software to AEG, enabling that company to offer a competitive ticketing alternative and provides the incentive for it […]
Second Circuit Dismisses Title Insurance Price Fixing Case
February 12, 2010 – 4:32 pm
The Second Circuit has affirmed the dismissal of a putative class action alleging price fixing among title insurers. The plaintiffs alleged that the insurers manipulated the states-rate setting process to include agency commissions in their insurance rates. Relying on the filed rate doctrine, the Second Circuit held that the state regulators were sufficiently active to […]
EC Investigates Freight Forwarding Industry
February 10, 2010 – 10:40 am
The European Commission issued a Statement of Objections to air freight forwarding companies concerning their alleged participation in price-fixing cartels. These companies transport goods and provide related services such as customs clearance, warehousing and ground services. The companies involved were not identified.
Urethane Class Action Suits Can Move Forward
February 8, 2010 – 6:40 pm
In Carpenter Co. et al. v. BASF SE et al.; and Woodbridge Foam Corp. et al. v. BASF SE et al., Kansas District Court Judge John W. Lungstrum has allowed chemical companies that opted out of a class certification in a larger class action to proceed with their own two putative class actions accusing BASF […]
Court Rejects Attempt to Dismiss Novir Antitrust Suit
February 8, 2010 – 5:51 pm
Update September 2010: The Ninth Circuit has denied Abbott’s petition for writ of mandamus seeking the dismissal of the antitrust claims against it. In Rite Aid Corp. et al. v. Abbott Laboratories; and Safeway Inc. et al. v. Abbott Laboratories, Northern California District Judge Claudia Wilken denied Abbott’s omnibus motion to dismiss plaintiffs’ claims based […]