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Page 49 of 63

Mobile Phone Companies Ask Court To Hang Up On Texters

Posted  09/7/12
Defendants in In re A2P SMS Antitrust Litigation are asking the U.S. District Court for the Southern District of New York to dismiss antitrust claims alleging that mobile phone companies conspired with wireless providers to control the price of application-to-person messaging. Club Texting, Inc., iSpeedbuy LLC and Textpower, Inc. filed an antitrust class action against AT&T Mobility LLC, Verizon Wireless LLC,...

Tagged in: Antitrust Litigation,

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Internet Adult Entertainment Antitrust Suit Passes Scrutiny

Posted  09/4/12
The Internet Corporation for Assigned Names and Numbers (ICANN) and ICM Registry, the sole operator of the .XXX domain name registry, are going to have to continue litigating antitrust claims brought by adult filmmaker Digital Playground Inc. and Manwin Licensing International SARL. Judge Phillip S. Gutierrez of the U.S. District Court for the Northern District of California is permitting plaintiffs in Manwin...

Tagged in: Antitrust Litigation, Monopolization,

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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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Federal Judge Hangs Up On Apple’s Smartphone Antitrust Claims

Posted  08/17/12
Judge Barbara B. Crabb of the Western District of Wisconsin has granted Motorola Mobility Inc. partial summary judgment on antitrust counterclaims that Apple Inc. has been asserting against Motorola in the patent infringement case of Apple Inc. v. Motorola Mobility Inc. The case stems from Apple’s release of the iPhone in 2005 without first seeking a license for the use of 3G technology developed and patented by...

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

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Variable Prices Save Wholesale Retailers From Grocers’ Class Action Claims

Posted  08/8/12
Finding pricing issues too variable for common treatment, a federal court has denied grocery stores’ motion for class certification of their customer allocation claims against wholesale retailers SUPERVALU and C&S. The plaintiffs in the In re: Wholesale Grocery Products Antitrust Litigation are retail grocers who allege that defendants SUPERVALU and C&S – two of the largest grocery product wholesalers in the...

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Third Circuit Agrees With FTC In Applying Stricter Reverse-Payment Settlement Test

Posted  07/31/12
The U.S. Court of Appeals for the Third Circuit has reversed summary judgment in In re K-Dur Antitrust Litigation, and resurrected claims against defendant drug manufacturers that entered into so-called “reverse-payment” or “pay-for-delay” patent litigation settlements that allegedly delayed the sale of generic drugs. The Third Circuit held that settlement agreements in which patent holders make payments to...

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

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Penguin’s Motion To Compel Arbitration Doesn’t Fly In eBooks Case

Posted  07/11/12
A federal judge in the Southern District of New York has shot down a motion to compel arbitration filed by Penguin Group (USA), Inc. in the widely-followed case of In re: Electronic Books Antitrust Litigation. Plaintiffs allege that Penguin and other book publishers violated the antitrust laws by conspiring to fix and raise prices for eBooks.  Penguin moved the court to stay the proceedings and compel arbitration...

Tagged in: Antitrust Litigation, Price Fixing,

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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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