The state of Mississippi has reached a settlement worth up to $100 million with Microsoft Corp., the largest cash payment so far in a string of deals the technology giant has struck with states over allegations that it abused its monopoly power by bundling its Internet Explorer and its Windows operating system, thereby shutting rivals […]
Author Archives: Steve Semeraro
Lufthansa Offers Competition Fixes In EC Takeover Probe
June 17, 2009 – 4:45 pm
The European Commission has extended its review of Lufthansa AG’s bid to take over the largely state-owned Austrian Airlines AG because the airlines have offered concessions to handle the regulator’s competition concerns over a deal that calls for Austria to take on a significant share of the airline’s debt. When the EC initially opened its […]
Class Action Challenging Steel Manufacturer Production Cuts Survives Motion to Dismiss
June 16, 2009 – 2:27 pm
In a Northern District of Illinois case, a class of steel purchasers allege that steel producers conspired to cut production in order to support prices. The defendants sought to dismiss the complaint for failing to adequately allege conspiratorial activity. The court held that whether the defendants acted unilaterally or in tandum was a fact question […]
EU Challenge to Visa Merchant Fees
June 16, 2009 – 2:08 pm
Just two months after, it was accused of exploiting a dominant position with respect to cross-border interchange fees, a report has surfaced that the EC will challenge Visa’s merchant fees more broadly.
EC’s Microsoft Investigation
June 15, 2009 – 12:10 pm
The EC has taken note of Microsoft‘s plan to offer a version of Windows 7 in the EU without Internet Explorer. The Commission said that it would soon determine whether Microsoft’s tying of the two from 1996 to date constituted an abusive of its dominant position. The U.S. Courts have previously determined that many aspects of Microsoft’s conduct relating to IE violated […]
Printer Ink Cartridge Patent Suit Spurs Antitrust Counterclaim
June 9, 2009 – 1:57 pm
In Seiko Epson Corp. et al. v. Glory South Software Manufacturing Inc. et al. Seiko Epson Corp. has been hit with an antitrust counterclaim in its patent infringement litigation against China’s Nenistar Technology and other printer supply manufacturers over ink cartridges. The counterclaim alleges that Seiko Epson has patented features in its ink cartridges that […]
FTC Challenges Blood Plasma Merger
June 9, 2009 – 1:56 pm
Update June 2009: The parties have abandoned the deal. In In the Matter of: CSL Limited and Cerberus-Plasma Holdings LLC, the FTC has officially moved to block blood plasma-derived therapeutics company SCL Ltd.’s proposed $3.1 billion acquisition of rival Talecris Biotherapeutics, alleging that this deal would have an anti-competitive effect through 1) consolidating the […]
Municipal Derivatives Action Dismissed
June 9, 2009 – 1:28 pm
In In Re: Municipal Derivatives Antitrust Litigation, Southern District of New York Judge Victor Marrero tossed out claims against 34 of the nation’s largest financial institutions accused of fixing prices of municipal derivatives in multidistrict litigation brought by over a dozen municipalities. The Court ruled that plaintiffs did not provide sufficient evidence for their allegations of […]
9th Circuit Revives Web Domain Name Case
June 9, 2009 – 1:08 pm
A group calling itself the Coalition for ICANN Transparency, Inc. brought antitrust claims against Verisign, Inc., the sole entity licensed by ICANN to register .com and .net domain names. The district court dismissed the case, but the 9th Circuit reversed, holding that the complaint adequately stated antitrust claims. All parties agreed that as a practical […]
DC Circuit Upholds FCC Ban On Exclusive Cable Contracts
June 2, 2009 – 2:56 pm
Update June 2009: Verizon has argued that the D.C. Circuit’s rationale in upholding the ban on exclusivity deals with apartment owners should be extended to prohibit cable exclusives on regional sports programing channels. In 2007, the FCC adopted a rule banning cable companies from entering exclusive contracts with apartment building owners and forbidding the enforcement […]