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Pharmacies Allege Antidepressant Manufacturers Depressed Generic Competition

Posted  06/22/12
CVS and Rite Aid pharmacies have filed an antitrust complaint in the U.S. District Court for the District of New Jersey against Wyeth Inc. and Teva Pharmaceuticals for allegedly conspiring to keep generic versions of the popular antidepressant Effexor XR out of the hands of consumers. The two pharmacies allege in Rite Aid Corp et al. v. Wyeth Inc. et al, that the anticompetitive conspiracy included fraudulently...

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

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Seventh Circuit Finds Interlocking Directors Cause No Antitrust Injury To Shareholders

Posted  06/20/12
The U.S. Court of Appeals for the Seventh Circuit has rejected a shareholder derivative action on the ground that that the shareholders suffered no antitrust injury from interlocking directorships even though such accumulation of market power may violate federal antitrust law. The Seventh Circuit reached this conclusion in ordering the dismissal of the complaint in Robert F. Booth Trust v. Crowley, a shareholder...

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Players Charge NFL Imposed Collusive Salary Cap

Posted  06/11/12
The National Football League Players Association has filed a collusion claim against the NFL, its clubs, and team owners alleging a secret $123 million per-Club salary cap during the 2010 uncapped season. The suit was filed in the U.S. District Court of Minnesota just one day after that court upheld NFL sanctions against the Cowboys and the Redskins for front-loading player contracts in 2010. In appealing the...

Tagged in: Antitrust Litigation,

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European General Court Slams MasterCard’s Cross-Border Fees

Posted  06/5/12
The European General Court in Luxembourg, the European Union’s second-highest court, has upheld a decision by the European Commission that MasterCard’s multilateral interchange fees on cross-border transactions unfairly restrict competition and harm retailers and consumers. In MasterCard and Others v. Commission, the General Court ruled that MasterCard has violated EU competition laws with its interchange fees...

Tagged in: Antitrust Litigation, International Competition Issues,

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Court Strikes Flash Memory Card Claims As Too Tardy

Posted  05/30/12
Patent holders of technologies supporting digital camera and cell phone flash memory cards known as Secure Digital Memory Cards (“SD Cards”) have succeeded in defeating antitrust claims against them as too tardy. Judge Jeffrey S. White has dismissed the plaintiffs’ claims in Oliver v. 3D-3C, LLC, in the U.S. District Court for the Northern District Court of California, after finding the claims are untimely...

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

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Kansas Supreme Court Beefs Up Antitrust Scrutiny Of Resale Price Maintenance

Posted  05/17/12
Resale price maintenance policies that pass muster under federal antitrust law may not survive state antitrust scrutiny in Kansas, according to that state’s highest court. The Kansas Supreme Court has overturned a lower court's decision granting defendant handbag and accessory maker Leegin Creative Leather Products, Inc. summary judgment in a state antitrust suit brought by a class of consumers challenging...

Tagged in: Antitrust Litigation, Price Fixing,

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Cloned Horses Champing At The Bit For Their Day In Court

Posted  05/11/12
Cloned horses are going to get their day in court to show that they should be treated as the equals of horses with more traditional pedigrees. A member of the American Quarter Horse Association (“AQHA”) has filed a complaint, alleging that an AQHA rule prohibiting the registry of cloned horses and their offspring violates antitrust laws. The case is Abraham & Veneklasen Joint Venture, et al.  v. American...

Tagged in: Antitrust Litigation,

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SanDisk Streaks To Victory In Two Challenges To Its Flash-Memory Licensing Practices

Posted  05/7/12
A federal judge in the Northern District of California has dismissed an antitrust complaint against SanDisk Corporation, the dominant maker of computer flash memory. In the suit, PNY Technologies, Inc. v. SanDisk Corporation, downstream competitor PNY alleged that SanDisk violated Sections1 and 2 of the Sherman Act through licensing practices of its extensive patent portfolio. According to the complaint, SanDisk...

Tagged in: Antitrust Litigation, Monopolization,

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Class Certification Denied In Facebook Advertising Suit

Posted  05/1/12
The U.S. District Court for the Northern District of California has denied a motion for class certification in a case challenging social networking giant Facebook’s online advertising practices. The case, In re Facebook, Inc. PPC Advertising Litigation, was filed in 2009 by advertisers on Facebook.  The plaintiffs, who paid Facebook on a “cost-per-click” basis, allege that they were billed for “invalid”...

Tagged in: Antitrust Litigation,

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Kolon Gets Tangled Up In Synthetic Fiber Case Against DuPont

Posted  04/24/12
A federal judge in Virginia has granted summary judgment to E.I. DuPont De Nemours and Co. on Kolon Industries’ antitrust claims against DuPont. This marks the second loss to Kolon in the complex legal battle of Kolon Industries v. E.I. du Pont de Nemours, in the U.S. District Court for the Eastern District of Virginia. The battle began when DuPont filed a suit against Kolon alleging that it stole highly...

Tagged in: Antitrust Litigation, Monopolization,

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