In Princeton Insurance Agency Inc. et al. v. Erie Insurance Co. et al., West Virgina Supreme Court of Appeals overturned a $4.2 million jury verdict against Erie Indemnity Co., ruling that the decision by Erie and its subsidiaries to terminate a contract with Princeton Insurance Agency did not constitute restraint of trade under the Sherman […]
Author Archives: Steve Semeraro
Unity Of Purpose Saves Parent Company From A Verdict Of Conspiracy With Subsidiaries
December 2, 2009 – 10:18 am
EC Objects to S&P Licensing Fees for Securities ID Numbers
December 2, 2009 – 10:15 am
The European Commission has formally objected to Standard & Poor’s Financial Services LLC’s required licensing fees for its securities identification numbers, bringing to light the first public results of an investigation it kicked off in January. According to EC’s preliminary findings, S&P, the sole-appointed National Numbering Agency for U.S. securities, is abusing its monopoly position by […]
Federal Court Certifies Classes in SRAM Price Fixing Case
December 2, 2009 – 9:58 am
A federal antitrust investigation of the SRAM chip manufacturing industry has led to a multi-class consolidated multi-district litigation in the Northern District of California. The case alleges price fixing from 1996 through 2006. Judge Claudia Wilken has certified nationwide classes of direct and indirect purchasers as well as state classes.
Air Travel Price Fixing Case Dismissed For Lack Of Anti-Competitive Effect
December 1, 2009 – 4:14 pm
In McLafferty v. Deutsche Lufthansa AG et al., Eastern District of Pennsylvania Judge Louis H. Pollack dismissed a putative class action brought by an American who accused four foreign airlines, including Deutsche Lufthansa AG and Air France, of conspiring to fix price of air travel between Europe and Japan. The court ruled that the Foreign […]
Pricing Case Against Home Depot Dismissed
December 1, 2009 – 4:12 pm
In Andrea Spiegler et al. v. Home Depot USA Inc. et al., the Ninth Circuit Court of Appeals affirmed the dismissal of a putative class action accusing Home Depot USA Inc. of breaching a contract and violating competition laws by overcharging customers for cabinet resurfacing work. The court found that contracts between Home Depot and its […]
US Trade Court Hold First Sale Doctrine Inapplicable to Foreign Books
December 1, 2009 – 4:11 pm
In John Wiley & Sons Inc. v. Supap Kirtsaeng et al., U.S. Court of International Trade Judge Donald C. Pogue handed down an opinion prohibiting defendant Supap Kurtsaeng from raising the first-sale-doctrine defense in an upcoming jury trial. Publisher John Wiley & Sons Inc.’s accused Kurtsaeng of unlawfully importing and reselling textbooks in violation of various intellectual property […]
Second Circuit Permits Generic Drug Price Fixing Case to Move Forward
December 1, 2009 – 4:07 pm
In In re: DDAVP Direct Purchaser Antitrust Litigation, the Second Circuit Court of Appeals has overturned a lower court’s dismissal of an antitrust case alleging that Ferring Pharmaceuticals Inc. and Aventis Pharmaceuticals Inc. conspired to keep generic drugs off the shelves by fraudulently acquiring a patent for diabetes drug DDVAP. The court held that the plaintiffs have […]
FCC Rejects Challenge to Time Warner/Comcast Failure to Carry a Small Channel
December 1, 2009 – 4:05 pm
In Herring Broadcasting Inc. d/b/a/ WealthTV v. Time Warner Cable Inc., et al., family-owned network WealthTV accused Time Warner Cable Inc. and Comcast Corp. of violating the Communitactions Act by refusing to carry its channels in favor of MOJO, a WealthTV competitor that is affiliated with the two cable giants. FCC Chief Administrative Law Judge Richard Sippel […]
FTC Green Lights Panasonic/Sanyo Merger with Agreed Divestitures
December 1, 2009 – 3:30 pm
The FTC has agreed to permit the Panasonic/Sanyo merger to move forward pursuant to an agreement to sell Sanyo’s nickel hydride battery business, a type of rechargeable battery, to Fujitsu subsidiary FDK. Sanyo had previously agreed to sell other portions of its battery making business to the company. The divesitures resolved the FTC’s concern that the […]
EC Fines Heat Stabilizer Manufacturers
December 1, 2009 – 2:24 pm
The EC has issued fines totally $259 million on 24 companies that produce chemicals used to enhance the heat resistant properties of PVC pipe and to enhance the quality of PVC in other ways. The companies were found to have engaged in price fixing, allocated markets and customers, and exchanged sensitive competitive information from 1987 through […]