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Canadian Court Green Lights Worldwide Diamond Price-Fixing Case Against De Beers

Posted  06/15/11
A justice of the British Columbia Supreme Court has ruled that an alleged worldwide diamond cartel led by rough diamond seller De Beers had sufficient anticompetitive impact on Canadian consumers to enable a price-fixing class action to survive a motion to dismiss at the pleading stage. The plaintiff alleges that De Beers and the other defendants sought to eliminate competition in the sale of gem grade diamonds in...

Television Programmers Convince Ninth Circuit To Cancel “Must See” TV Antitrust Suit

Posted  06/10/11
The United States Court of Appeals for the Ninth Circuit has affirmed the dismissal of a purported class action against television programmers and distributors alleging that the programmers’ practice of selling multi-channel cable packages violates Section 1 of the Sherman Act. In Brantley v. NBC Universal, Inc., plaintiffs claimed that defendants derived market power from offering “must-have,” high-demand...

Court Refuses To Pull The Plug On Savant Systems’ Home Automation Suit Against Creston

Posted  06/6/11
A suit by a newcomer in the “smart home” automation market – Savant Systems – against the dominant player in the “smart home” automation market – Crestron Electronics – has survived a second motion to dismiss in federal court in Boston. Savant Systems has accused its much larger competitor of unlawful exclusionary agreements and market monopolization under the Sherman Act, exclusive dealing in...

Concert Fan Fights To Keep His Phantom Parking Case Alive

Posted  06/2/11
A concert fan challenging Live Nation’s practice of charging fans without cars fees for parking spaces that don’t exist is fighting to keep his case alive. Live Nation has now filed a motion to dismiss the complaint in the case of Batson v. Live Nation Entertainment, Inc. et al., in the U.S. District Court for the Northern District of Illinois.  As we reported in a previous post, the plaintiff accuses Live...

Feds Seek To Revive Competition Among Point-Of-Sale Terminal Manufacturers

Posted  05/31/11
The United States Department of Justice (“DOJ”) is seeking to revive competition in the market for point-of-sale terminals by blocking VeriFone Systems Inc.’s proposed $485 million acquisition of Hypercom Corp. Both companies operate in the electronic payments industry, and the DOJ claims that the deal would harm competition in the market for point-of-sale terminals in the United States. The DOJ has

Dutch Tell Banks To Go Dutch Instead Of Going Steady With MasterCard

Posted  05/27/11
MasterCard is discovering that Dutch competition authorities may be serious in their goal to increase competition in the payments market by encouraging banks not to go “steady” with MasterCard. MasterCard is reporting in its 10-Q report that the Netherlands Competition Authority is challenging its co-branding and co-residency rules, which restrain banks from expanding their relationships with other payment...

Dems Urge Feds To Investigate Surging Gas Prices

Posted  05/25/11
Skyrocketing gas prices may be getting an extra boost from anticompetitive conduct according to some Democratic legislators that are urging the Federal Trade Commission to investigate possible anticompetitive conduct by gasoline refineries. Last week, Democratic senators, including Senators Claire McCaskill, Charles Schumer, Patty Murray and Senate Majority Leader Harry Reid, asked the FTC to investigate whether...

Tire Company Racing To Appeal Award Of E-Discovery Costs

Posted  05/23/11
Plaintiff Race Tires America Inc. is racing to appeal an order of Judge Terrence F. McVerry of the United States District Court for the Western District of Pennsylvania ordering it to pay $367,369 in e-discovery costs to Hoosier Racing Tire Corp. and Dirt Motor Sports, Inc., the winning defendants in Race Tires America Inc. v. Hoosier Racing Tire Corp. Race Tires, a division of Speciality Tires of America,...

Tape Recordings Won’t Remain On Ice In Packaged Ice Case

Posted  05/20/11
Plaintiffs in the case of In re Packaged Ice Antitrust Litigation have convinced the court that tape recordings of conversations from a criminal investigation into alleged price fixing of packaged ice sold in retail stores and gas stations should not remain on ice. Judge Paul Borman of the U.S. District Court for the Eastern District of Michigan has ordered the Department of Justice (“DOJ”) to produce tape...
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