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Viacom And Cablevision Agree To Streaming Settlement

Posted  08/22/11
Viacom and Cablevision have settled their dispute over streaming media content. Viacom, which offers MTV, VH1, CMT, Nickelodeon, BET, Comedy Central, and Spike TV, accused Cablevision of using its new iPad app to illegally stream such popular media content.  In a jointly issued statement, the companies announced they “were able to resolve the iPad matter and an unrelated business matter to their mutual...

Second Circuit Gives Attorney One More Try In Bond Market Antitrust Suit Against Citigroup

Posted  08/19/11
The U.S. Court of Appeals for the Second Circuit has given a sliver of hope to an attorney seeking to resurrect her claims that Citigroup abused its market power to block her innovative method of structuring bonds for municipalities seeking to finance the construction and renovation of airport terminals. Though it affirmed the district court’s dismissal of the complaint in Williams v. Citigroup Inc. et al., for...

Class Action Claims E-Book Price Fixing Conspiracy By Apple And Publishers

Posted  08/17/11
A class action complaint in the U.S. District Court for the Northern District of California alleges that Apple and five major publishers engaged in a price-fixing conspiracy to block competition from Amazon’s e-reader, the Kindle. The complaint in Petru et al. v. Apple, Inc. et al. alleges that prior to the launch of Apple’s iPad, Apple, HarperCollins, Penguin, Simon & Schuster, Macmillan, and Hachette Book...

Plaintiffs Will Need To Think Outside The Cable Box To Save Tying Claims

Posted  08/15/11
Plaintiffs claiming that Cablevision abuses market power in requiring subscribers to rent cable boxes are going to have to think outside the box after being told by the U.S. District Court of New Jersey for the third time that their claims of illegal tying and monopolization are inadequate. Judge Jose Linares has dismissed the second amended complaint in Marchese v. Cablevision Systems Corp., but given plaintiffs...

QSGI Charges IBM Abused Power In Used Computer Market

Posted  08/12/11
QSGI Inc., the former second largest reseller of IBM mainframe computers, has filed a multi-million dollar antitrust suit against IBM in the U.S. District Court for the Southern District of Florida. The complaint in QSGI Inc. v. IBM Global Financing alleges that IBM violated the Florida Antitrust Act and the Florida Unfair and Deceptive Trade Practices Act by adopting a rule that devastated QSGI’s ability to...

Court Tells Optical Disk Drive Plaintiffs To Refocus Antitrust Claims

Posted  08/10/11
Plaintiffs alleging a conspiracy among manufacturers of drives that play CDs and other optical discs are going to have to refocus their allegations in order to screen their claims of price-fixing in federal court. Judge Richard Seeborg of the United States District Court for the Northern District of California has granted the defendants’ motions to dismiss each of the plaintiffs’ consolidated complaints, with...

Ninth Circuit Slams The Gate On Prison Health Care Antitrust Suit

Posted  08/5/11
The U.S. Court of Appeals for the Ninth Circuit has affirmed the dismissal of Colonial Medical Group Inc.’s antitrust suit against a competing health care provider and a hospital that Colonial alleged engaged in anticompetitive conduct in a prison health care market. Colonial, a medical services provider, had claimed that its competitor, Golden Empire Management Care and Managed Care Systems LP (“GEMCare”),...

GSI Technology Sues Cypress Semiconductor In High-Tech Memory Suit

Posted  08/1/11
GSI Technology, a producer of computer memory products, has filed an antitrust complaint charging Cypress Semiconductor with monopolizing the high-tech static random access memory (“SRAM”) market. Cypress is one of the major players in the market for static random access memory SRAM market, while GSI is a much smaller producer. The complaint filed in the U.S. District Court for the Northern District of...

Consumer Groups Win As FCC Finds Itself Bound In Sequel To Prometheus

Posted  07/25/11
In a major victory for consumer groups and a substantial blow to deregulation proponents, the U.S. Court of Appeals for the Third Circuit has reined in the Federal Communications Commission (“FCC”) and struck down its revised rules designed to deregulate media ownership. The Third Circuit’s second major decision in Prometheus Radio Project v. Federal Communications Commission (“Prometheus II”) rejects...

Lackadaisical Discovery And Vague Allegations Cancel Flight Of Oil Helicopter Conspiracy Case

Posted  07/19/11
A combination of a failure to pursue discovery and vague allegations have led  Judge Legrome D. Davis of the U.S. District Court for the District of Delaware to grant summary judgment, dismissing price-fixing claims in Superior Offshore Int'l, Inc. v. Bristow Group Inc.. Plaintiff Superior Offshore is a purchaser of helicopter services to offshore oil and gas sites.  Defendants Era Helicopters, LLC, Era Group...
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