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Microsoft’s Datel Defense Takes Bite Out Of Apple’s Playbook

Posted  02/8/10
Microsoft is battling its latest antitrust challenger – Datel – by taking a page out of the antitrust playbook of its archrival, Apple. Microsoft is being sued by Datel, a manufacturer of “video game enhancement products,” for allegedly monopolizing an aftermarket for accessories to Microsoft’s popular Xbox 360 video game system in Datel Holdings Ltd. et al. v. Microsoft Corp., Case No. CV 09-5535 EDL. ...

Will Supreme Court’s Citizens United Decision Doom McCarran-Ferguson Repeal?

Posted  02/2/10
The prospects for repeal of the McCarren-Ferguson Act’s antitrust exemption for health insurers may have gotten a bit dicier with the Supreme Court’s landmark decision giving the green light to corporate spending in political elections. The Court in Citizens United v. Federal Election Commission held that the government may not ban “independent expenditures” for “political speech” by corporations in...

Supreme Court Eyes Threading American Needle At Oral Argument

Posted  01/29/10
If the recent oral argument in American Needle, Inc. v. National Football League is any guide, the U.S. Supreme Court might just thread the needle and decide that case on a narrower, more middle-ground, basis than the Seventh Circuit decision, which raised the specter of freeing all professional sports leagues from antitrust scrutiny. The Supreme Court heard oral argument on January 13, 2010, in the much...

Is The Plural Of Email “Economic Evidence”?

Posted  01/27/10
The aphorism that the “plural of anecdote is data” is being put to the test in federal courts as judges grapple with the question of whether emails and other anecdotal evidence can form the basis of reliable expert economic opinion. Recent federal court decisions concerning the type of evidence that may be relied upon by economic experts in formulating opinions indicate that the plural of email might just be...

Saints’ Quarterback Says: Say It Ain’t So, Supremes

Posted  01/8/10
It may be a Hail Mary pass, but New Orleans Saints quarterback Drew Brees has thrown a long bomb to the Supreme Court with a Washington Post op-ed that warns the Supremes that their decision in the upcoming case of American Needle, Inc. v. National Football League, could end up sacking both professional athletes and antitrust enforcement. At issue in the American Needle case is the extent to which the NFL – and...

Second Circuit Extends Implied Preclusion Of Antitrust Laws To Prime Brokers

Posted  12/30/09
The Second Circuit has extended the implied preclusion doctrine with its recent decision affirming the dismissal by the Southern District of New York of a Sherman Act class action in Electronic Trading Group, LLC v. Banc of America Securities LLC (“Short Sale”). The Short Sale decision is based on the implied preclusion doctrine established by the Supreme Court in Credit Suisse Securities (USA) LLC v....

U.S. Merchants To Receive $1.1 Billion Payment In Landmark Visa/MasterCard Antitrust Litigation

Posted  12/9/09
Yesterday, Constantine Cannon LLP, Lead Counsel for the Class of U.S. merchants in the case captioned In re Visa Check/MasterMoney Antitrust Litigation, announced that Class Members nationwide will be mailed checks this week totaling approximately $1.1 billion as part of a landmark antitrust settlement with Visa and MasterCard over practices related to their signature debit cards. This distribution represents the...

In A Twist, Patently Unenforceable Patent Gives Consumers Antitrust Claim

Posted  11/10/09
The Second Circuit’s recent decision in In re DDAVP Antitrust Litigation marks a significant development in the intersection of antitrust and patent law.  Consumers now have greater standing to assert antitrust claims involving unenforceable patents. The Court vacated and remanded a lower court’s dismissal of a purchaser’s antitrust claim against manufacturers for conspiring to keep generic versions of a...

Ninth Circuit Affirms Antitrust Verdict Against Tyco in Pulse Oximetry Market

Posted  11/3/09
The Ninth Circuit has upheld a jury verdict against Tyco (now known as Covidien) for anticompetitive sole source agreements and market share discounts.  Masimo Corp. v. Tyco Health Care Group, L.P., No. 07-55960, 2009 WL 3451725 (9th Cir. Oct. 28, 2009).  The appellate court affirmed the District Court’s post-trial decision, which struck part of the jury verdict but left a significant liability finding...

Sixth Circuit Cancels Flight For Plaintiffs In Airline Price-Fixing Case

Posted  10/23/09
Antitrust plaintiffs are continuing to find their antitrust flights are being grounded by federal courts’ application of the Supreme Court’s Twombly case. In Tam Travel, Inc., et al. v. Delta Airlines, Inc., et al. (In re Travel Agent Commission Antitrust Litigation), No. 07-4464 (6th Cir. Oct. 2, 2009), the Sixth Circuit affirmed dismissal, by the Northern District of Ohio, of a complaint alleging that...
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