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Class Certification Fights Derail Rail Freight Antitrust Case As Sears And Whirlpool Cases Move To Next Cycle

Posted 09/13/13

The U.S. Court of Appeals for the D.C. Circuit has rejected a district court’s certification of an antitrust class action in In re Rail Freight Fuel Surcharge Antitrust Litigation, becoming the third U.S. Court of Appeals in recent months to grapple with whether, and to what extent, class action plaintiffs must show that damages can be measured on a classwide basis under the Supreme Court’s March 2013 decision in...

Tagged in: Antitrust Litigation,

Chicago Prom Dress Boutique Will Have To Answer Claims Of Cut-Throat Tactics

Posted 09/9/13

Prom dress retailer Peaches Boutique will have to litigate charges that it engaged in cut-throat dress-selling tactics in the Chicago area now that a federal judge has decided that competitor Hannah’s Boutique has adequately pleaded antitrust claims in Hannah's Boutique Inc. v. Barbara Ann Surdej et al. Judge Amy J. St. Eve of the U.S. District Court for the Northern District of Illinois denied Peaches' motion to...

Tagged in: Antitrust Litigation,

U.K. Competition Appeals Court Finds Reform Plan Less Than Appealing

Posted 08/30/13

The United Kingdom’s Competition Appeal Tribunal is expressing serious doubts that the British government’s plan to streamline competition appeals will actually reform the process for the better. The Tribunal expressed its doubts and criticisms in a detailed response to the government’s plan for “Streamlining Regulatory and Competition Appeals,” which was published by the Department of Business Innovation...

Tagged in: Antitrust Policy, International Competition Issues,

Seventh Circuit Says Antitrust Plaintiffs Can’t Mix And Match Venue Rules To Sue Anywhere In The Nation

Posted 08/27/13

The U.S. Court of Appeals for the Seventh Circuit has rejected a broad interpretation of venue rules that would subject corporations to antitrust suit in any district court in the nation. A three-judge panel has affirmed the dismissal of the antitrust complaint in KM Enterprises Inc. v. Global Traffic Technologies Inc. et al. on the ground that the plaintiff, Illinois-based KM Enterprises Inc., could not sue Global...

Tagged in: Antitrust Litigation,

Federal Judge Takes Scalpel To $200 Million Wound Closure Antitrust Suit

Posted 08/19/13

Kansas Federal Judge Richard D. Rogers has taken a scalpel to claims of monopolization, predatory pricing and unjust enrichment in the sale of wound closure products – but given a clean bill of health to claims of tying, exclusive dealing and state-law restraint of trade – in Suture Express Inc. v. Cardinal Health Inc. et al., a $200 million antitrust suit. Suture Express, a suture and endomechanical product...

Tagged in: Antitrust Litigation,

Drug Data Companies Face Off In Antitrust Suit

Posted 08/8/13

Symphony Health Solutions Corp. has filed an antitrust complaint in the U.S. District Court for the Eastern District of Pennsylvania alleging that competitor IMS Health Inc. is snuffing out competition in markets for pharmaceutical data products. According to the complaint in Symphony Health Solutions Corp. v. IMS Health Inc., IMS, the world's largest supplier of pharmaceutical and health care industry-related data...

Tagged in: Antitrust Litigation,

Ninth Circuit Rejects Extending Buyer Liability For Price Discrimination

Posted 08/2/13

An effort to extend buyer liability for price discrimination was rejected by the U.S. Court of Appeals for the Ninth Circuit in its affirmance of the dismissal of price discrimination and vertical restraint of trade claims made by car parts dealer Gorlick Distribution Centers LLC against its competitor Allied Exhaust Systems Inc. The appellate court affirmed summary judgment in favor of Allied on the...

Tagged in: Antitrust Litigation,

British Competition Regulators Tell Companies To Open Their Arms To New Auditors

Posted 07/29/13

The U.K.’s Competition Commission is proposing regulations designed to promote competition among auditors of major companies and to ensure that auditors are satisfying the demands of shareholders. The Competition Commission’s provisional decision seeks to remedy the lack of competition among auditors that serve large British companies. This problem would be addressed by a requirement that companies open up...

Tagged in: Antitrust Enforcement,

Eleventh Circuit Rules Steel Is Too Elastic To Support Monopolization Claims

Posted 07/24/13

The U.S. Court of Appeals for the Eleventh Circuit has affirmed dismissal of monopolization claims against steel producer Nucor Corp., finding that the cross-elasticity of supply for various steel products defeated the limited product market alleged by the plaintiff. The appellate court affirmed the district court’s grant of summary judgment in favor of Nucor in Gulf States Reorganization Group Inc. v. Nucor...

Tagged in: Antitrust Litigation, Monopolization,

Car Dealers Hit Japanese Auto Parts Supplier With Antitrust Class Action

Posted 07/22/13

Several car dealerships have filed an antitrust class action against four Japanese automobile parts suppliers for allegedly rigging bids for lighting equipment sold to major car companies. Mitsuba Corp., Koito Manufacturing Co. Ltd., Ichikoh Industries Ltd. and Stanley Electric Co. are being sued in the putative class action of Martens Cars of Washington Inc. et al. v. Koito Manufacturing Co. Ltd. et al., which the...

Tagged in: Antitrust Litigation,

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Class Certification Fights Derail Rail Freight Antitrust Case As Sears And Whirlpool Cases Move To Next Cycle

Chicago Prom Dress Boutique Will Have To Answer Claims Of Cut-Throat Tactics

U.K. Competition Appeals Court Finds Reform Plan Less Than Appealing

Seventh Circuit Says Antitrust Plaintiffs Can’t Mix And Match Venue Rules To Sue Anywhere In The Nation

Federal Judge Takes Scalpel To $200 Million Wound Closure Antitrust Suit

Drug Data Companies Face Off In Antitrust Suit

Ninth Circuit Rejects Extending Buyer Liability For Price Discrimination

British Competition Regulators Tell Companies To Open Their Arms To New Auditors

Eleventh Circuit Rules Steel Is Too Elastic To Support Monopolization Claims

Car Dealers Hit Japanese Auto Parts Supplier With Antitrust Class Action

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Antitrust Today

Class Certification Fights Derail Rail Freight Antitrust Case As Sears And Whirlpool Cases Move To Next Cycle

Chicago Prom Dress Boutique Will Have To Answer Claims Of Cut-Throat Tactics

U.K. Competition Appeals Court Finds Reform Plan Less Than Appealing

Seventh Circuit Says Antitrust Plaintiffs Can’t Mix And Match Venue Rules To Sue Anywhere In The Nation

Federal Judge Takes Scalpel To $200 Million Wound Closure Antitrust Suit

Drug Data Companies Face Off In Antitrust Suit

Ninth Circuit Rejects Extending Buyer Liability For Price Discrimination

British Competition Regulators Tell Companies To Open Their Arms To New Auditors

Eleventh Circuit Rules Steel Is Too Elastic To Support Monopolization Claims

Car Dealers Hit Japanese Auto Parts Supplier With Antitrust Class Action

Newsletter

Subscribe to receive email updates from the Constantine Cannon blogs

Sign up for: