The FCC has denied AT&T’s claim that Cox Broadcasting’s refusal to license Padres baseball games to AT&T in San Diego constitutes unfair competition. Cox has an exclusive deal the over-the-air station, Channel 4 San Diego, which has exclusive rights to the Padres games. Cox has agreed to sub-license Time-Warner cable, which like Cox serves large […]
Author Archives: Steve Semeraro
Qualcomm Patent Standard Challenge Dismissed on Standing Grounds
March 5, 2009 – 2:22 pm
In Meyer v. Qualcomm, the court dismissed the claim that Qualcomm acted anticompetitively in refusing to license patents essential to a standardized technology. The S.D. of California court ruled that the plaintiff lacked antitrust standing because the chip set it purchased included a broad package of technologies, not just the patented technology involved. Although the […]
LCD Private Action Survives Motion to Dismiss
March 5, 2009 – 2:09 pm
In In re: TFT-LCD (Flat Panel) Display Antitrust Litigation, N.D. California Judge Susan Illston denied the LCD television manufacturers’ motion to dismiss a private action filed by direct purchasers. The defendants argued that the allegations of conspiracy were too vague outside the post-2000 period covered by the defendants’ executives guilty pleas in a related criminal proceeding. […]
U.S. Supreme Court Rules Out Price Squeeze Claim
February 28, 2009 – 9:49 am
In an opinion authored by Chief Justice John Roberts, the U.S. Supreme Court held that a company with no antitrust duty-to-deal with a competitor cannot violate the antitrust laws by squeezing its wholesale and retail prices to such an extent that competitors are unable to earn a sufficient return at the retail level. The case involved […]
AP Hot News Doctrine Applied to the Internet
February 27, 2009 – 5:09 pm
In AP v. All Headlines News, the Southern District of New York has held that a publisher of hot news on the internet may sue to prohibit copying and republication by a competitor. The case harkens back to the 1918 US Supreme Court decision in AP v. UPI and constitutes the first time that the […]
Fiberglass Insulation Price-fixing Case to Go to Trial
February 17, 2009 – 1:10 pm
Northern District of Georgia Judge Julie Carnes denied defendant Masco motion for summary judgment in a case alleging that Masco, a large insulation contractor, orchestrated a price fixing cartel amoung four of the five largest fiberglass insulation manufacturers. The complaint alleges that because of its size, Masco was able to negotiate lower prices from the manufacturers than […]
EC Considers Responses to Statement of Objections to Prestressed Steel Suppliers
February 12, 2009 – 5:53 pm
The EC has confirmed an October 2008 Statement of Objections was sent to companies supplying prestressed steel regarding expressing concern about cartel behavior. The EC is now considering the responses.
Flat Glass Conspiracy Case To Proceed
February 12, 2009 – 5:50 pm
Judge Ambrose, Western District of Pennsylvania, denied the defendants motion to dismiss a putative class action alleging that the defendants fixed energy surcharges. The motion argued that the plaintiffs had alleged insufficient facts to establish a conspiracy under Twombly. The court held thought otherwise, holding the allegations sufficient because they pointed to a history of an inability to […]
DOJ to Investigate Ticketmaster/Live Nation Merger
February 12, 2009 – 5:40 pm
Not surprisingly, the Antitrust Division announced that it would investigate the proposed merger between the ticket selling giant and the concern promoter that had begun selling tickets of its own. Artist Bruce Springsteen and several senators from both parties expressed concerns about the proposed merger.
Antitrust Attack on Concert Promotion Agreement Survives Motion to Dismiss
February 12, 2009 – 5:19 pm
A competing arena has attacked an agreement between concert promoter Live Nation and the Grand Rapids/Kent County Convention Authority that entitles 1) Live Nation to 1/3 of the revenue from non-Live Nation events at Convention Authority venues, and 2) the Convention Authority 1/3 of Live Nation’s revenue at Live Nation events scheduled at competing venues. The owner […]