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Representative Cases

The cases listed here are representative of the work done by the attorneys of the antitrust practice group.

Kearse v. Kaplan, Inc.

The firm represented Kaplan in a proposed class action alleging a per se illegal market allocation agreement between Kaplan and BAR/BRI involving their respective LSAT and bar review prep courses. The firm successfully dismissed the action on the pleadings. See 692 F. Supp. 2d 398 (S.D.N.Y. 2010).

Kesmai Corporation, et al. v. America Online, Inc., et al.

Constantine Cannon represented Kesmai, a developer of on-line video games, in this monopolization case against America Online. Kesmai alleged that AOL used its monopoly position in the Internet service provider market to gain an unfair competitive advantage and monopoly power in the multi-player on-line games market. Constantine Cannon secured a favorable settlement for Kesmai on the eve of trial.

Nexstar Broadcasting, Inc. v. Granite Broadcasting Corp.

The firm represented Nexstar Broadcasting, Inc., an owner and operator of multiple television stations across the U.S., in its antitrust suit against its competitor Granite Broadcasting Corporation in the United States District Court for the Northern District of Indiana. The litigation, filed on July 25, 2011, alleged that Granite violated federal and state antitrust laws by having unlawfully acquired control over the sale of television broadcast local spot advertising in the Fort Wayne, Indiana, Designated Market Area (DMA) by having acquired control of local spot advertising sales on five of the six national television broadcast network affiliations in the Fort Wayne DMA (NBC, ABC, FOX, MyNetworkTV, and The CW). Nexstar alleged that Granite’s exclusion of Nexstar’s Fort Wayne television station, WFFT-TV, from the “must-have” programming of these national networks had injured WFFT-TV’s and Nexstar’s ability to sell local spot advertising and had raised WFFT-TV’s costs of producing television programming. The firm defeated Granite’s motion to dismiss Nexstar’s complaint, and also defeated Granite’s motion for reconsideration, or in the alternative for interlocutory appeal, of the court’s denial of Granite’s motion to dismiss, thereby allowing the case to proceed to discovery. On February 6, 2013, Nexstar entered into a new affiliation agreement with the Fox Broadcasting Company (FOX) for WFFT-TV in Fort Wayne, Indiana, beginning March 1, 2013. On February 6, 2013, the parties mutually agreed to settle the lawsuit and stipulated to dismissal of the lawsuit with prejudice.

Solla, et al. v. NYS Health Maintenance Organization Conference, Inc., et al.

Constantine Cannon successfully defended New York Life Insurance Co. in an action brought against the major Health Maintenance Organizations in the New York metropolitan area. The case alleged, among other things, that the HMO defendants conspired to boycott chiropractors. The trial court granted defendants’ motion for summary judgment, and the Second Circuit Court of Appeals affirmed.

Supreme Fuels v. IOTC.

The firm currently represents this multinational government/military supply contractor in an antitrust/RICO action relating to the company’s loss of a one-billion dollar contract to supply fuel to the U.S. troops in Iraq.

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