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Seventh Circuit Finds Interlocking Directors Cause No Antitrust Injury To Shareholders

Posted  06/20/12
The U.S. Court of Appeals for the Seventh Circuit has rejected a shareholder derivative action on the ground that that the shareholders suffered no antitrust injury from interlocking directorships even though such accumulation of market power may violate federal antitrust law. The Seventh Circuit reached this conclusion in ordering the dismissal of the complaint in Robert F. Booth Trust v. Crowley, a shareholder...

Cable Companies Facing Antitrust Investigation Of Video Streaming Limits

Posted  06/15/12
The U.S. Department of Justice (“DOJ”) is conducting an investigation to determine whether or not Internet usage caps and subscription perks offered by large cable and Internet providers violate antitrust laws by unreasonably restraining streaming video. The Wall Street Journal has reported that the DOJ’s Antitrust Division has spoken about Internet data caps with Comcast, Time Warner Cable, and other cable...

Players Charge NFL Imposed Collusive Salary Cap

Posted  06/11/12
The National Football League Players Association has filed a collusion claim against the NFL, its clubs, and team owners alleging a secret $123 million per-Club salary cap during the 2010 uncapped season. The suit was filed in the U.S. District Court of Minnesota just one day after that court upheld NFL sanctions against the Cowboys and the Redskins for front-loading player contracts in 2010. In appealing the...

Proposed Universal-EMI Merger Could Remix Antitrust And Copyright Law

Posted  06/7/12
The proposed Universal-EMI merger could lead to another remix of antitrust and copyright law as regulators grapple with consolidation in the recorded-music business. Notably, the proposed acquisition could affect digital sampling, the technique musicians use to digitally copy and remix sounds from existing albums into a new sound recording. The FTC and the European Commission are reviewing the proposed merger...

European General Court Slams MasterCard’s Cross-Border Fees

Posted  06/5/12
The European General Court in Luxembourg, the European Union’s second-highest court, has upheld a decision by the European Commission that MasterCard’s multilateral interchange fees on cross-border transactions unfairly restrict competition and harm retailers and consumers. In MasterCard and Others v. Commission, the General Court ruled that MasterCard has violated EU competition laws with its interchange fees...

Court Strikes Flash Memory Card Claims As Too Tardy

Posted  05/30/12
Patent holders of technologies supporting digital camera and cell phone flash memory cards known as Secure Digital Memory Cards (“SD Cards”) have succeeded in defeating antitrust claims against them as too tardy. Judge Jeffrey S. White has dismissed the plaintiffs’ claims in Oliver v. 3D-3C, LLC, in the U.S. District Court for the Northern District Court of California, after finding the claims are untimely...

Microsoft Restrictions On Web Browsers Draw Competitors’ Ire

Posted  05/23/12
Microsoft’s restrictions on third-party web browsers in its upcoming Windows RT mobile operating system is drawing criticism from the general counsel of the Mozilla Foundation, the non-profit organization responsible for the development of the popular Firefox web browser. Google, which has developed its own Chrome web browser, has wasted no time in joining Mozilla’s criticism. Windows RT is a slimmed-down...

Recorded Music Market Consolidation Comes Under Senate Scrutiny

Posted  05/21/12
The latest round of music industry consolidation is coming under antitrust scrutiny as the antitrust subcommittee of the U.S. Senate Judiciary Committee prepares for a hearing examining Universal Music Group’s proposed acquisition of the recorded-music business of EMI Music Ltd. If the proposed $1.9 billion acquisition is approved, the number of major music labels will be half of what it was in the...

Kansas Supreme Court Beefs Up Antitrust Scrutiny Of Resale Price Maintenance

Posted  05/17/12
Resale price maintenance policies that pass muster under federal antitrust law may not survive state antitrust scrutiny in Kansas, according to that state’s highest court. The Kansas Supreme Court has overturned a lower court's decision granting defendant handbag and accessory maker Leegin Creative Leather Products, Inc. summary judgment in a state antitrust suit brought by a class of consumers challenging...

Cloned Horses Champing At The Bit For Their Day In Court

Posted  05/11/12
Cloned horses are going to get their day in court to show that they should be treated as the equals of horses with more traditional pedigrees. A member of the American Quarter Horse Association (“AQHA”) has filed a complaint, alleging that an AQHA rule prohibiting the registry of cloned horses and their offspring violates antitrust laws. The case is Abraham & Veneklasen Joint Venture, et al.  v. American...
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