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No Payoff For Plaintiffs Seeking To Reinstate ATM Fee Antitrust Litigation

Posted  12/9/10
The United States District Court for the Northern District of California has denied plaintiffs’ motion to reconsider its September 16 2010, ruling that plaintiffs in the ATM Fee Antitrust Litigation have no standing to pursue their price fixing claims against an ATM network and a group of banks.  The District Court dismissed plaintiffs’ claims under the rule of Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977),...

Stop The Presses!: Predatory Pricing Verdict Against San Francisco Weekly Upheld

Posted  12/1/10
The California Supreme Court, in Bay Guardian Co. v. New Times Media LLC, No. S186497 (Cal. Nov. 23, 2010), has declined to review rulings from the California Superior trial court and California Court of Appeal upholding a $21 million antitrust damages verdict against the San Francisco Weekly.  The SF Weekly and its parent, Village Voice Media Holdings, were accused by the plaintiff, the Bay Guardian, of trying to...

Recent Case Highlights Issues In Public Antitrust Investigations

Posted  11/22/10
Of all the substantive areas of American law, antitrust is perhaps the one that most aggressively reaches foreign conduct.  Ever since the Second Circuit’s 1945 Alcoa opinion (United States v. Aluminum Co. of America, 148 F.2d 416), courts and Congress have recognized that foreign conduct, when it affects U.S. commerce, can violate U.S. antitrust laws.  Thus U.S. antitrust regulators sometimes seek evidence of...

No Small Beer Here – Appeals Court Confirms Massive Brewing Companies’ Merger

Posted  11/19/10
Beer giants Anheuser-Busch Companies, Inc. and InBev, NV/SA didn’t exactly meet at a bar, but they can go ahead and merge.  The Eighth Circuit, affirming a lower court’s decision, on October 27 held that there’s no reason to roll back the consummated merger under Sections 7 and 16 of the Clayton Act. Until their merger in 2008, each company was already huge:  Belgium-based InBev was the largest brewer in...

Green Tech And Antitrust Intersect: One Recycler Sues Another Over Alleged Anti-Competitive Behavior

Posted  11/16/10
In addition to antitrust, Constantine Cannon has an environmental and sustainability practice and represents green technology companies profiting from wise resource use.  These different disciplines that we work in are reflected in a recent filing we noticed in the federal district court for Connecticut, Environmental Products Corp. (“Envipco”). v. Tomra of North America, Inc. (D. Conn. filed Nov. 4,...

DOJ Sings The Blues Over Michigan Healthcare Prices

Posted  11/5/10
The U.S. Department of Justice and the Michigan Attorney General have filed a civil antitrust lawsuit in the Eastern District of Michigan against Blue Cross Blue Shield of Michigan, Michigan’s largest health insurance provider, alleging its agreements with hospitals cause Michigan consumers to pay higher prices for their healthcare and insurance. In United States v. Blue Cross Blue Shield of Michigan, the DOJ and...

Agnew Attacks NCAA As Conspiring Cabal of Colleges

Posted  11/4/10
While Joseph Agnew’s complaint against the National Collegiate Athletic Association may not call the NCAA’s institutions “nattering nabobs of negativism,” Agnew in effect alleges that the association is a conspiring cabal of colleges. Agnew, a former Rice University football player, has commenced an antitrust class action against the NCAA.  The complaint filed in Agnew v. NCAA, in the U.S. District Court...

Low Cost Law School Alleges Scheme To Kill Off Competition For Law Students In Southern California

Posted  11/2/10
A Southern California law school is alleging that its low-cost formula for evening law school students is being jeopardized by the anticompetitive acts of its main competitor. The Southern California Institute of Law (“SCIL”) has filed a complaint in the U.S. District Court for the Central District of California against TCS Education System, David Figuli, and Global Equities, LTD, alleging that the...

Landmark Antitrust Arbitration Case Gives Up The Ghost

Posted  11/1/10
The landmark United States Supreme Court decision that is expected to be a death blow for class action arbitrations has apparently claimed its first victim, the case itself. Following its loss in the Supreme Court, AnimalFeeds International has voluntarily dismissed its antitrust action – Stolt-Nielsen S.A. et al. v. AnimalFeeds International Corp. – settling its claims of price fixing for the shipment of...

Apple And AT&T Lose Bid To Dismiss Class In Ninth Circuit

Posted  10/26/10
The Ninth Circuit has affirmed class certification for an antitrust action against Apple, involving the length of time that iPhone users must use AT&T’s voice and data services. Judges Diarmuid O'Scannlain and William Fletcher have issued a one-page summary affirmance of the certification, which Judge James Ware of the Northern District of California granted on July 8, 2010. The Ninth Circuit case is Holman v....
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