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Page 39 of 63

NCAA’s Loss In O’Bannon Trial May Be Only A Partial Victory For Competition

Posted  08/13/14
By Jeffrey Shinder and David Scupp Although competition scored a win on Friday in the student athletes’ antitrust suit led by former UCLA basketball player Ed O'Bannon against the NCAA, it wasn’t a complete blowout. Judge Claudia Wilken of the U.S. District Court for the Northern District of California issued a 99-page decision that permanently enjoins the NCAA from enforcing its blanket restriction on FBS...

Federal Court Denies Class Certification In Intel Antitrust Litigation

Posted  08/7/14
By David Golden Plaintiffs in the long-running In re Intel Corporation Microprocessor Antitrust Litigation class action have suffered a major setback with last week’s denial of class certification by the U.S. District Court for the District of Delaware. The lawsuit, filed in 2005, alleges that Intel illegally excluded its major rival, Advanced Micro Devices (commonly referred to as “AMD”), from the U.S....

Massachusetts Court Hosts Debate On Whether Partners HealthCare Merger Settlement Will Affect The Common Health Of The Commonwealth

Posted  08/4/14
By Daniel Vitelli
A Massachusetts state court has extended the time for a contentious debate on a proposed antitrust settlement that the Massachusetts State Attorney General says will help hold down medical expenses, and critics say will result in greater market power for the state’s largest health care system. Attorney General Martha Coakley is asking Suffolk Superior Court Judge Janet L. Sanders to approve a consent judgment...

In re Student Athlete Name and Likeness Litigation – Recap Of The First Week Of Trial

Posted  06/16/14
By David Scupp The participants in the highly anticipated, and potentially transformative, antitrust trial In re Student Athlete Name and Likeness Licensing Litigation spent their first week of trial grappling with the myths and realities of college athletics. Plaintiffs, led by former UCLA basketball star Ed O’Bannon, challenge the NCAA’s rules denying compensation to college athletes for use of their name...

EU General Court Upholds Record 1.06 Billion Euro Antitrust Fine Against Intel

Posted  06/16/14
A View from Constantine Cannon’s London Office By Irene Fraile The General Court of the European Union has dismissed Intel’s appeal of the European Commission´s decision fining the computer chip manufacturer a record 1.06 billion euros for breaching EU competition law. The European Commission imposed the fine on Intel in May 2009, after finding that Intel abused its dominant position in the x86 CPU...

District Court Rejects “Double Counting” Attack On Damages Theory In Meritor’s Exclusive Dealing Case

Posted  06/6/14
By Matthew L. Cantor and Allison F. Sheedy Judge Sue L. Robinson of the U.S. District Court for the District of Delaware has denied a motion for summary judgment on damages in ZF Meritor LLC and Meritor Transmission Corporation v. Eaton Corporation, setting up the long-running antitrust case for a trial on damages that is slated to start on June 23, 2014. Plaintiffs are now free to seek the full $800 million...

$20 Million Settlement Domino Falls In High-Tech Employee Antitrust Litigation, With More On The Brink

Posted  05/22/14
By David Golden The U.S. District Court for the Northern District of California has granted the motion of plaintiffs in In Re: High-Tech Employee Antitrust Litigation for final approval of class action settlements with Pixar, Lucasfilm, and Intuit for $20 million. The court’s final approval of these settlements follows the recent announcement of another, much larger, proposed settlement in the same lawsuit...

Two Calls Go Against The NCAA In Student-Athletes’ Name and Likeness Litigation

Posted  05/16/14
By David Scupp The NCAA was on the losing end of two orders entered this week in the In re NCAA Student Athlete Name & Likeness Licensing Litigation. The U.S. District Court for the Northern District of California denied the NCAA’s motion for leave to file a motion for partial reconsideration of the court’s order denying the NCAA’s motion for summary judgment on antitrust claims of current and former...

DOJ And FTC Will Discuss Whether Bundled Discounts Are A Bundle Of Antitrust Trouble Or A Bundle Of Joy For Consumers

Posted  05/7/14
By Ankur Kapoor[1] The Federal Trade Commission (“FTC”) and the Antitrust Division of the U.S. Department of Justice will attempt to unravel the antitrust pros and cons of bundled discounts and other conditional-pricing practices in a one-day public workshop on June 23, 2014. Bundled discounts, which are discounts offered for the purchase of a “bundle” of goods or services, exist in many markets.  The...

The NBA Constitution Might Well Block Donald Sterling From Challenging A Forced Sale Of His Clippers In Court

Posted  05/1/14
By Jeffery I. Shinder and David Scupp Donald Sterling is going to find the NBA constitution a major roadblock if he attempts to fight in court the NBA’s decision to seek his ouster as owner of the Los Angeles Clippers. Yesterday, we analyzed the antitrust implications of the NBA’s decision to respond forcefully to Sterling’s recently reported offensive and racially charged comments.  In addition to...
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