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Antitrust Today

Got Cert? These Northeast Dairy Farmers Don't – Not Yet, Anyway

Posted  12/29/11
On December 9, Chief Judge Christina Reiss of the District of Vermont denied the plaintiff dairy farmers' motion for class certification in Allen v. Dairy Farmers of America, Inc., 2011 WL 6148678 (D. Vt. Dec. 9, 2011).  However, Judge Reiss invited plaintiffs to renew their motion after addressing issues with their expert report. Plaintiffs are New York and Vermont dairy farmers.  Defendants are Dairy Farmers of...

Aetna Follows DOJ’s Lead And Files Antitrust Complaint Against Blue Cross Blue Shield

Posted  12/28/11
Health insurance giant Aetna, Inc. has filed a complaint in a Michigan federal district court claiming that Blue Cross Blue Shield of Michigan has engaged in a scheme to force Aetna to pay more for hospital services as part of a campaign to limit or reduce Aetna’s presence in Michigan.  The complaint, filed on December 6, 2011, comes just over a year after the U.S. Department of Justice and the state of Michigan...

Smartphone Patent Wars Spreading Around The World

Posted  12/23/11
Right now, the smartphone patent wars are raging across the globe. For example, Apple recently prevailed in a skirmish before the International Trade Commission that could theoretically stop the importation into the United States of all smartphones based on Google’s Android mobile operating system.  In Germany, Motorola Mobility, which Google is in the process of acquiring, won a victory against Apple for patent...

Horizon Lines Settles Remaining Claims In Shipping Antitrust Action

Posted  12/14/11
Horizon Lines Inc., one of the largest ocean shipping companies in the United States, has entered into a $13.75 million settlement agreement with a group of shippers who had opted out of a class action against the company. The shippers alleged that Horizon entered into a conspiracy with other carriers, including Sea Star Line, Crowley Maritime Corp. and Trailer Bridge Inc., to fix prices by increasing their rates...

Federal Court Authorizes Plaintiffs To Tune Into iPod Antitrust Class Action Against Apple

Posted  12/12/11
Federal Judge James Ware of the Northern District of California has certified a class of iPod purchasers, allowing an antitrust class action to proceed against Apple Computer, Inc. (“Apple”). The plaintiffs in The Apple iPod iTunes Antitrust Litigation contend that Apple violated state and federal antitrust laws by monopolizing markets for digital music downloads and portable digital media players, excluding...

Delaware Judge Approves $89 Million Sweetener To Settle Del Monte Shareholder Suit

Posted  12/9/11
Delaware Judge J. Travis Laster has approved a settlement requiring Del Monte Corp. and Barclays Capital Inc. to pay $89.4 million to Del Monte shareholders to resolve claims relating to the March 2011 acquisition of Del Monte by funds affiliated with Kohlberg Kravis Roberts & Co. L.P., Vestar Capital Partners, and Centerview Partners. Under the terms of the March 2011 sale of Del Monte, shareholders were entitled...

Federal Judge Orders Timeout In Basketball Players’ Antitrust Action Against NBA

Posted  12/7/11
U.S. District Judge Patrick Schiltz has issued a stay in Butler v. NBA, the basketball players’ antitrust class action against the National Basketball Association and its 30 member teams, to give the parties time to work out a settlement. The District of Minnesota federal judge issued the stay order after being informed by the players that the two sides have “tentatively agreed” to resolve their labor...

Pittsburgh-Area Health Care Antitrust War Opens New Front In Mediation

Posted  12/5/11
A high-profile battle between two Pittsburgh-area health care networks that has already been fought in federal district and appellate courts is now headed to mediation. In West Penn Allegheny Health System, Inc., v. UPMC, Judge Arthur Schwab of the U.S. District Court for the Western District of Pennsylvania ordered the parties to try an alternative form of dispute resolution after West Penn Allegheny Health System...

European Commission Rolls Out Investigation Of Bearings Makers

Posted  11/21/11
The European Commission recently raided SKF AB, Schaeffler Group, and the offices of other European rolling bearings makers to investigate whether they violated European antitrust rules. The companies manufacture bearings for the automotive and aerospace industries. The Commission is investigating whether the companies violated European Union (“EU”) laws prohibiting cartels and restrictive business practices...

Federal Court Pulls The Plug On Digital Tax Preparation Merger

Posted  11/15/11
A federal judge in the United States District Court for the District of Columbia has granted the United States’ motion for a permanent injunction enjoining H&R Block’s proposed acquisition of its digital tax preparation competitor, 2SS Holdings, Inc., the company offering TaxACT. Judge Howell’s order in United States v. H&R Block, Inc., Civ. No. 11-00948 (BAH), unequivocally found that the proposed...
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