Author Archives: Steve Semeraro

Cable Monopoly Class Recertified

In Behrend et al. v. Comcast Corp., Eastern District of Pennsylvania Judge John R. Padova has handed down a win to cable TV customers accusing Comcast Corp. of illegally establishing a monopoly in the Philadelphia area, recertifying a class after Comcast invoked a 2008 appeals court ruling in In re Hydrogen Peroxide Litigation to get […]

EC Investigating Lundbeck Regarding Generic Drug Entry

The EC is investigating Danish pharmaceutical company Lundbeck to determine whether it took improper actions intended to hinder the entry of generic citalopram, and anti-depressant drug, into European markets. 

Abbott Settles Tricor Action Filed by States

Update January 2010: Abbott has agreed to settle Tricor related claims filed by 22 states and the District of Columbia in the District of Delaware for $22.5 million. Update April 2009:  The settlement amount has increased to $250 million, and a number of cases filed by various states and the District of Columbia based on […]

Antitrust Claims Dismissed in Hospital Services Case

In Little Rock Cardiology Clinic et al. v. Baptist Health et al., Eighth Circuit Court of Appeals has upheld a victory for Arkansas hospital network Baptist Health and Blue Cross health insurance affiliate, in an antitrust dispute pitting physician-owned facilities against major insurers and hospital owners.  The Appeals Court upheld lower court’s dismissal of the […]

Taxi Advertising Conspiracy Suit Dismissed

In Astra Media Group LLC v. Clear Channel Taxi Media LLC et al., Southern District of New York Judge Naomi Buchwald dismissed with prejudice an antitrust suit against Clear Channel Taxi Media LLC filed by Astra Media Group LLC, alleging that Clear Channel attempted to establish a monopoly on the rooftop advertising on New York […]

Price-Fixing Suit Against DSM Rubber Units To Move Forward

In In re: Ethylene Propylene, District of Connecticut Judge Stefan R. Underhill refused to dismiss antitrust allegations against two subsidiaries of multinational manufacturing company Royal DSM NV, alleging that the defendants fixed the price of ethylene propylene diene monomer synthetic rubber used in the auto and roofing industries. The Court rejected the defendants’ contentions that […]

Ninth Circuit Upholds SJ In Pulse Oximetry Medical Device Case

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 […]

EC Pursues Banana Cartel

The European Commission has issued a Statement of Objections to a number of companies that import and marketing bananas.  The objections relate to the companies alleged participation in a cartel.

Banks Settling Cardholder Arbitration Antitrust Case

In multi-district litigation centered in the Southern District of New York, Capital One has joined Bank of America, Citibank, Chase, and HSBC in settling a case alleging that the card issuing banks agreed to require cardholders to agree to arbitrate any disputes and to prohibit class actions.  The settlements agree not to enforce arbitration provisions […]

Termite-Killing Products Price Fixing Conspiracy Case Dismissed

In Valuepest.com of Charlotte Inc. et al. v. Bayer Corp. et al., a termite-killing products price-fixing conspiracy case, Fourth Circuit Court of Appeals affirmed the lower court’s decision to deny the plaintiff’s motion to correct the judgment under Rule 60 on the ground that the plaintiffs abandoned the issues of abandonment and mandate, raised in […]