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Federal Judge Takes Pilgrim’s Pride To The Woodshed For Manipulating Chicken Prices

Posted  10/24/11
A federal judge in the Eastern District of Texas has slapped Pilgrim’s Pride Corp., the largest poultry producer in the U.S., with a $26 million damage award for manipulating the price of chicken. According to Magistrate Judge Charles Everingham IV, Pilgrim’s Pride violated the Packers and Stockyards Act of 1921 by shutting down a packing plant in El Dorado, Arkansas and refusing to sell the operations to its...

Heavy Duty Truck Transmission Antitrust Suit Picks Up Speed In Delaware

Posted  10/20/11
Federal Judge Sue L. Robinson in the District of Delaware has given the go-ahead to a suit alleging truck manufacturers conspired to create and maintain a monopoly with supracompetitive prices in the market for heavy duty truck transmissions. Judge Robinson has denied the defendants’ motion to dismiss the complaint in Wallach v. Eaton Corp. The class action, brought by Mark S. Wallach, the bankruptcy trustee...

NBA Legend Bill Russell Challenges NCAA In Court

Posted  10/14/11
Basketball legend Bill Russell, who led the Boston Celtics dynasty that dominated the NBA in the 1960s, is charging down court once again, but this time it’s in a federal – not a basketball – court. The former basketball star at the University of San Francisco, five-time winner of the NBA Most Valuable Player Award and a 12-time All-Star, is suing the NCAA, the Collegiate Licensing Company (“CLC”) and...

Federal Judge Gives Green Light To Texas Taxicab Suit

Posted  10/7/11
Federal Judge David C. Godbey of the Northern District of Texas has green lighted a suit alleging taxicab companies conspired to monopolize by fixing prices that drivers must pay to operate a taxicab in certain counties in the Dallas-Fort Worth metropolitan area. The judge denied the defendants’ motion to dismiss the plaintiffs’ complaint in Association of Taxicab Operators USA v. Yellow Checker Cab Company of...

Circuit Court Affirms Dismissal Of Challenge To Nestle Ice Cream Merger

Posted  09/19/11
The U.S. Court of Appeals for the First Circuit has affirmed the dismissal of a claim that the 2003 merger between Nestlé S.A.’s subsidiary, Nestlé Puerto Rico (Nestlé PR), and ice cream distributer, Payco Foods Corp., violated the Sherman and Clayton Antitrust Acts. The plaintiff in Sterling Merch., Inc. v. Nestlé S.A. et al. is a distributer of ice cream in Puerto Rico.  Nestlé S.A. manufactures ice cream...

Federal Judge Dismisses eBay Derivative Litigation

Posted  09/14/11
Judge Leonard P. Stark of the U.S. District Court for Delaware has dismissed a derivative action against eBay Inc. The plaintiff in In re eBay, Inc., the Robert F. Booth Trust, alleged that eBay’s board of directors violated the Clayton Act when they circulated a proxy statement recommending shareholders elect Dawn G. Lepore, a 10-year veteran of the board, to another term.  Section 8 of the Clayton Act...

Third Circuit Rules Hydrogen Peroxide Can't Wipe Out Comcast Class

Posted  09/12/11
The U.S. Court of Appeals for the Third Circuit has upheld the certification of a consumer class alleging antitrust violations against cable distributor Comcast.

The appellate court ruled in Behrend v. Comcast Corp. that certification was wholly consistent with its instructions to district courts in the seminal case of In re Hydrogen Peroxide, 552 F.3d 305 (3d Cir. 2008), which outlines the standards a district court...

Federal Judge Red Lights Truck Rental Price-Fixing Case Against U-Haul

Posted  09/6/11
A federal judge in Massachusetts has dismissed a putative class action that claimed that U-Haul International Inc. and its parent company, Amerco engaged in a truck rental price-fixing scheme. The plaintiff in Liu v. Amerco alleged that U-Haul and Amerco engaged in an unfair or deceptive act in violation of Massachusetts law, and caused prices for truck rentals to rise, by inviting competitor Avis Budget Group Inc....

District Court Denies Snap Judgment In Fasteners Class Action

Posted  08/31/11
The U.S. District Court for the Eastern District of Pennsylvania has denied a motion in the In re Fasteners Antitrust Litigation class action to dismiss antitrust claims alleging that YKK and other fastener manufacturers engaged in price fixing. Defendants sought dismissal of the claims on grounds of statute of limitations and lack of evidence. The class action was filed in May 2010, by apparel manufacturers who...

IBM Not Out Of The Regulatory Woods Despite Withdrawal Of Emulator Complaints

Posted  08/24/11
Although three rivals of IBM have dropped their complaints that IBM illegally tied its mainframe hardware to its operating system, the computer giant is not out of regulatory woods yet. Both the U.S. Department of Justice (DOJ) and the European Commission maintain ongoing antitrust investigations – sparked by the complaints – into a possible monopoly IBM holds in the mainframe computer market. In a filing...
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