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Antitrust Today

Credit Default Swap Purchasers Accuse Bankers Of Blocking Competition

Posted  06/4/13
A new class action alleges that international megabanks used their monopoly power to manipulate the credit default swaps market. Sheet Metal Workers Local No. 33 Cleveland District Pension Plan has filed a class action in Illinois federal court against 15 defendants, including Bank of America, Citibank, and JPMorgan Chase & Co.  According to the complaint, the defendants used companies they controlled, including...

California Judge Sweetens Antitrust Action For Sara Lee

Posted  05/29/13
The prices for products freshly baked by Sara Lee can be negotiated without violating California’s Cartwright Act a state court judge has ruled, throwing out antitrust class action claims against the food company. Distributors that buy the baked goods and sell them to stores throughout California filed Kaewsawang v. Sara Lee Corp. in 2006.  The Fourth Amended Complaint alleged that Sara Lee fixed prices and...

Auto Dealers Allege Carfax Is A Competitive Lemon In Antitrust Suit

Posted  05/15/13
More than 120 auto dealers in 17 states are alleging in a new $50 million antitrust suit that they paid higher prices for less reliable vehicle history reports thanks to Carfax’s exclusive dealing arrangements with major players in the auto industry. Carfax has monopolized the vehicle history reports market and raised prices by making exclusive deal agreements with car manufacturers and used car listing websites,...

FTC Consent Order Settles Hairy Exchange Of Competitively Sensitive Information

Posted  05/6/13
Bosley Inc., the nation’s largest surgical hair restoration company, has agreed to a consent order settling a Federal Trade Commission (“FTC”) complaint alleging that the company exchanged competitively sensitive information with Hair Club Inc. before the two companies merged. Bosley, a subsidiary of Aderans Co Ltd., performs hair loss treatments at 22 offices across the United States.  According to the FTC...

Preemption Argument Runs Out Of Steam As Ninth Circuit Revives Natural Gas Case

Posted  04/25/13
The U.S. Court of Appeals for the Ninth Circuit has revived plaintiffs’ state antitrust claims in In re: Western States Wholesale Natural Gas Litigation, finding that federal regulation of the interstate natural gas market does not preempt state antitrust law claims that energy companies manipulated intrastate transactions. The Ninth Circuit ruled that Congress intended its amendments to the Natural Gas Act to...

Antitrust Complaint Alleges Cut-Throat Chicago Tactics In Prom Dress Market

Posted  04/15/13
Boycotts, spying and defamation are the Chicago way of snuffing out competition in the prom dress market, according to an antitrust lawsuit filed against Peaches Boutique in the U.S. District Court for the Northern District of Illinois. Hannah's Boutique Inc., a prom dress seller in the Chicago market alleges in Hannah's Boutique Inc. v. Barbara Ann Surdej et al. that established prom dress retailer Peaches...

Court Spanks Baby Formula Claims As Too Speculative To Survive

Posted  04/8/13
Antitrust claims against the main supplier of nutritional additives for infant formula in the United States have been thrown out because the plaintiff’s claims were too speculative to establish standing, a federal judge in Maryland has ruled. Judge William D. Quarles of the U.S. District Court for the District of Maryland granted defendant Martek Biosciences Corp. summary judgment in BNLfood Investment SARL v....

Federal Court Green Lights Live Nation’s Mandatory Parking Fees

Posted  04/3/13
An Illinois federal judge has dismissed a class action alleging that Live Nation Entertainment Inc. illegally tied mandatory parking fees to concert tickets, finding that neither the $9 fee nor Live Nation’s economic power were significant enough to warrant action under antitrust and consumer protection laws. Judge Gary Feinerman of the U.S. District Court for the Northern District of Illinois threw out...

Second Circuit Dashes Charm City’s Hopes In Auction Rate Securities Case

Posted  03/28/13
The U.S. Court of Appeals for the Second Circuit has shut down Baltimore’s quest to recoup hundreds of millions of dollars the city lost in the collapse of the market for auction rate securities during the economic downturn in 2008. The Second Circuit affirmed the dismissal of the class action complaints in Mayor and City Council of Baltimore et al. v. Citigroup Inc. et al., finding that the claims of boycott and...

NCAA Scores With Motion To Dismiss

Posted  03/27/13
The National Collegiate Athletic Association bylaws escaped unscathed after the U.S. District Court for the Southern District of Indiana dismissed the amended complaint in Rock v. National Collegiate Athletic Association, a class action alleging NCAA limits on athletics-based financial aid violate antitrust laws. Plaintiffs John Rock, Tim Steward, and Kody Collins each received scholarships for athletic and...
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