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Page 132 of 154

Court Okays Suit To Untangle Cable Boxes

Posted  04/14/11
An antitrust suit by customers seeking to untangle services provided by their cable company, Insight Communications, has been given a green light by Judge Joseph McKinley of the U. S. District Court for the Western District of Kentucky, who denied a motion to dismiss. The customers allege that Insight illegally ties two separate products – its interactive cable service and the rental of a set-top box.  The...

Feds Prescribe Antitrust Enforcement For Health Care Organizations

Posted  04/11/11
The U.S. Department of Justice and the FTC have issued a Proposed Statement of Antitrust Enforcement Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program. The Proposed Statement was made on the same day that the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, filed its proposed rule regarding Medicare Shared Savings Program...

California Court Gives Green Light To Plaintiffs In Auto Insurance Case

Posted  04/6/11
Judge James Ware of the U.S. District Court for the Northern District of California has denied the summary judgment motions of several car insurers in a class action alleging they created a sham organization to eliminate competition in the market for repair parts. The plaintiffs in Perez et al. v. State Farm Mutual Automobile Insurance Co. et al. (No. 5:06-cv-01962) are California automobile insurance policyholders...

Court Pulls Plug On Complaint Challenging Power Company’s Overcharges

Posted  04/5/11
Federal Judge Shira Scheindlin of the Southern District of New York has dismissed a class action alleging that regional power generator KeySpan Corp. overcharged millions of electricity customers. The complaint in Simon v. Keyspan Corp., 10 CIV. 5437 SAS (S.D.N.Y. 2011), challenged a derivative transaction – the “KeySpan Swap,” arranged by financial advisor Morgan Stanley – relating to New York City’s...

Third Circuit Keeps Former Morgan Crucible CEO In Prison For Obstructing Antitrust Probe

Posted  03/28/11
The United States Court of Appeals for the Third Circuit has upheld an 18-month prison sentence in U.S. v. Norris for former Morgan Crucible Co. PLC CEO Ian Norris, who was found guilty last December of conspiring to obstruct justice in a price-fixing investigation of the carbon products industry. Norris was sentenced to 18 months in prison, three years of probation, and a $25,000 fine after a federal jury in...

Players Hope To Score A Touchdown In Brady v. NFL

Posted  03/22/11
Packers v. Steelers may have been the official “Big Game” this year, but Brady v. NFL is turning out to be the real contest to watch. New England Patriots quarterback Tom Brady and eight of his fellow professional football stars (plus a potential one) kicked off the game on March 11, 2011, by suing the National Football League and its 32 member teams under the federal antitrust laws. The NFL sought to block...

Concert Fans Scream At Live Nation’s Fees For Phantom Parking Spaces

Posted  03/18/11
Concert fans claim they are being cheated by Live Nation’s practice of charging fans without cars fees for parking spaces that don’t exist. In the latest challenge, Chicago concertgoer James Batson has filed, on behalf of himself and event attendees nationwide, a class action antitrust complaint against Live Nation, the alleged “largest live entertainment company in the world.”  Batson accuses Live Nation...

Merchants Unexpectedly Win Antitrust Class Action Skirmish Against American Express

Posted  03/15/11
In a surprising and important decision, a two-judge panel of the Second Circuit has refused to enforce a mandatory class action waiver found in the standard small-merchant American Express contract. The decision in the In re American Express Merchants' Litigation clears the way for a class action (as well as a related action which was partially stayed) challenging American Express’s Honor All Cards rule as an...

Human Genome Sciences Enlists Antitrust Law In DNA War With Genentech

Posted  03/11/11
Human Genome Sciences Inc. (“HGS”) is asking a federal court in Delaware to find that rival drug developer Genentech Inc. has violated U.S. antitrust laws by colluding with Celltech R&D Ltd. to fraudulently extend the life of a disputed patent. The complaint in Human Genome Sciences Inc. v. Genentech Inc. alleges that Genentech and Celltech conspired in 2001 to fraudulently extend the life of the Cabilly...

Supremes To Resale Price Maintenance: Your Name Is Leegin

Posted  03/10/11
The U.S. Supreme Court has told manufacturers engaged in resale price maintenance that they can continue to rely on its controversial 2007 opinion in PSKS Inc. v. Leegin Creative Leather Products, which struck down the Court’s long-standing precedent that such vertical price restraints are per se illegal. After nearly four years of additional proceedings, the Supreme Court’s original Leegin decision has now...
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