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Simon Says Mall Monopolization Claims Should Be Tossed

Posted  08/28/12
Shopping mall giant Simon Property Group, Inc. on Friday asked a federal court in Indiana to dismiss antitrust claims brought by competitor Gumwood HP Shopping Partners, claiming that a magistrate judge misapplied federal antitrust law in recommending that Simon’s motion to dismiss be denied. Simon claims that Magistrate Judge Christopher A. Nuechterlein of the U.S. District Court for the Northern District of...

Tagged in: Antitrust Litigation, Monopolization,

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Pool Corp. Asks Court To Throw Antitrust Claims Into The Deep End

Posted  08/21/12
Pool Corp., the largest distributor of swimming pool supplies in the U.S., has filed a motion in the U.S. District Court for the Eastern District of Louisiana to dismiss class action antitrust claims, arguing that the complaint fails to state a claim. Plaintiffs allege that Pool Corp. entered into illegal agreements with three different manufacturers: Pentair Water Pool and Spa, Hayward Industries, and Zodiac Pool...

Tagged in: Antitrust Litigation, Monopolization,

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Supremes To Return To Health Care Market

Posted  07/9/12
As the United States continues to process the Supreme Court’s opinion on the constitutionality of the Affordable Care Act, the Court has accepted another important case in the health care industry. The Supreme Court has granted the FTC’s petition challenging a hospital merger in Federal Trade Commission v. Phoebe Putney Health System, Inc.  Antitrust practitioners are closely following the case because the...

Tagged in: Antitrust Enforcement, Antitrust Litigation, Monopolization,

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Court Holds Football Players’ Claims Fail To Thread American Needle

Posted  06/27/12
Football players’ antitrust claims that the National Football League (“NFL”) and teams conspired to deprive them of their rights to football game footage are being kicked out of court after a federal judge found that the plaintiffs had failed to come within the Supreme Court’s holding in American Needle, Inc. v. National Football League, 130 S. Ct. 2201 (2010). Judge Paul A. Magnusen of the U.S. District...

Tagged in: Antitrust Litigation, Intellectual Property Law and Antitrust, Monopolization,

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SanDisk Streaks To Victory In Two Challenges To Its Flash-Memory Licensing Practices

Posted  05/7/12
A federal judge in the Northern District of California has dismissed an antitrust complaint against SanDisk Corporation, the dominant maker of computer flash memory. In the suit, PNY Technologies, Inc. v. SanDisk Corporation, downstream competitor PNY alleged that SanDisk violated Sections1 and 2 of the Sherman Act through licensing practices of its extensive patent portfolio. According to the complaint, SanDisk...

Tagged in: Antitrust Litigation, Monopolization,

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Kolon Gets Tangled Up In Synthetic Fiber Case Against DuPont

Posted  04/24/12
A federal judge in Virginia has granted summary judgment to E.I. DuPont De Nemours and Co. on Kolon Industries’ antitrust claims against DuPont. This marks the second loss to Kolon in the complex legal battle of Kolon Industries v. E.I. du Pont de Nemours, in the U.S. District Court for the Eastern District of Virginia. The battle began when DuPont filed a suit against Kolon alleging that it stole highly...

Tagged in: Antitrust Litigation, Monopolization,

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Pacific Seafood Off The Hook In Fishermen Antitrust Litigation

Posted  04/19/12
Commercial fishing vessel owners and fishermen have settled a $520 million claim for damages against Pacific Seafood Group just two months after Judge Owen M. Panner of the U.S. District Court for the District of Oregon granted class certification in Whaley et al. v. Pacific Seafood Group et al. Plaintiffs alleged that the defendants, Pacific Seafood Group and Ocean Gold Seafoods, Inc., fixed prices in buying fish,...

Tagged in: Antitrust Litigation, Monopolization, Price Fixing,

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Sour Decision For Plaintiffs In Extra-Sweet Pineapple Litigation

Posted  03/16/12
A California state appellate court has upheld the denial of class certification in a case brought by consumers alleging that Fresh Del Monte Produce Inc. monopolized the extra-sweet pineapple market in violation of California Unfair Competition Law. Del Monte was accused in Conroy v. Fresh Del Monte Produce Inc. of attempting to obtain a patent for extra-sweet pineapple – despite knowing that pineapple variety...

Tagged in: Antitrust Litigation, Intellectual Property Law and Antitrust, Monopolization,

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Court Rejects Organ Transplant Drug Maker’s Challenge To Monopolization Claims

Posted  02/24/12
Judge Ryan Zobel of the U.S. District Court for the District of Massachusetts has denied the motion to dismiss filed in the consolidated class action of In re Prograf Antitrust Litigation by the defendant, organ transplant drug manufacturer Astellas Pharma US, Inc. Plaintiffs are direct purchasers of Prograf – a brand-name immunosuppressant drug that fights organ rejection following heart, kidney and liver...

Tagged in: Antitrust Litigation, Monopolization,

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FTC Approves Final Order Resolving PoolCorp Antitrust Claims

Posted  01/24/12
The FTC has approved the final order resolving claims that Pool Corporation, Inc. (“PoolCorp”) acted anticompetitively in violation of Section 5 of the Federal Trade Commission Act. PoolCorp is a major distributor of commercial and residential swimming pool supplies, products, and equipment.  According to the FTC complaint in In the Matter of Pool Corporation, PoolCorp is the “largest nationwide buyer of...

Tagged in: Antitrust Enforcement, Antitrust Litigation, Monopolization,

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