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Television Programmers Convince Ninth Circuit To Cancel “Must See” TV Antitrust Suit

Posted  06/10/11
The United States Court of Appeals for the Ninth Circuit has affirmed the dismissal of a purported class action against television programmers and distributors alleging that the programmers’ practice of selling multi-channel cable packages violates Section 1 of the Sherman Act. In Brantley v. NBC Universal, Inc., plaintiffs claimed that defendants derived market power from offering “must-have,” high-demand...

Court Refuses To Pull The Plug On Savant Systems’ Home Automation Suit Against Creston

Posted  06/6/11
A suit by a newcomer in the “smart home” automation market – Savant Systems – against the dominant player in the “smart home” automation market – Crestron Electronics – has survived a second motion to dismiss in federal court in Boston. Savant Systems has accused its much larger competitor of unlawful exclusionary agreements and market monopolization under the Sherman Act, exclusive dealing in...

Concert Fan Fights To Keep His Phantom Parking Case Alive

Posted  06/2/11
A concert fan challenging Live Nation’s practice of charging fans without cars fees for parking spaces that don’t exist is fighting to keep his case alive. Live Nation has now filed a motion to dismiss the complaint in the case of Batson v. Live Nation Entertainment, Inc. et al., in the U.S. District Court for the Northern District of Illinois.  As we reported in a previous post, the plaintiff accuses Live...

Feds Seek To Revive Competition Among Point-Of-Sale Terminal Manufacturers

Posted  05/31/11
The United States Department of Justice (“DOJ”) is seeking to revive competition in the market for point-of-sale terminals by blocking VeriFone Systems Inc.’s proposed $485 million acquisition of Hypercom Corp. Both companies operate in the electronic payments industry, and the DOJ claims that the deal would harm competition in the market for point-of-sale terminals in the United States. The DOJ has

Tire Company Racing To Appeal Award Of E-Discovery Costs

Posted  05/23/11
Plaintiff Race Tires America Inc. is racing to appeal an order of Judge Terrence F. McVerry of the United States District Court for the Western District of Pennsylvania ordering it to pay $367,369 in e-discovery costs to Hoosier Racing Tire Corp. and Dirt Motor Sports, Inc., the winning defendants in Race Tires America Inc. v. Hoosier Racing Tire Corp. Race Tires, a division of Speciality Tires of America,...

Tape Recordings Won’t Remain On Ice In Packaged Ice Case

Posted  05/20/11
Plaintiffs in the case of In re Packaged Ice Antitrust Litigation have convinced the court that tape recordings of conversations from a criminal investigation into alleged price fixing of packaged ice sold in retail stores and gas stations should not remain on ice. Judge Paul Borman of the U.S. District Court for the Eastern District of Michigan has ordered the Department of Justice (“DOJ”) to produce tape...

Arctos Capital Accuses Anonymous Commodities Traders of Collusion

Posted  05/18/11
Several anonymous commodities traders are being accused of manipulating trades for futures contracts in a multi-million dollar conspiracy to keep commodities trading firm Arctos Capital from participating in the market In Arctos Capital LLC v. John Does 1-5, Arctos Capital is seeking $60 million in damages from several anonymous traders of continuous commodities index (“CCI”) futures contracts for allegedly...

Bob Marley May Have Shot The Sheriff, But He Is Not A Product Market

Posted  05/13/11
Bob Marley may have been the first Reggae superstar and the writer of such hits as I Shot The Sheriff, but he is not a product market, according to a California federal judge. The U.S. District Court for the Central District of California has dismissed the antitrust claims in Rock River Communications Inc. v. Universal Music Group Inc., rejecting Rock River’s theory that reggae music – and Bob Marley in...

Novell’s Antitrust Claim Against Microsoft Is Reborn Just As Feds’ Oversight Expires

Posted  05/11/11
Although Microsoft’s epic antitrust battle with the U.S. Department of Justice officially comes to an end tomorrow, with the expiration of the government’s decade-long oversight of the software giant, Microsoft has learned that another antitrust challenge has just received a new lease on life. The United States Court of Appeals for the Fourth Circuit has revived the antitrust action Novell filed against...

Software Illustrators Draw Up Complaint Against Adobe

Posted  05/5/11
Adobe Systems Inc. has been hit with an antitrust class action in federal court by Free FreeHand Corp., a non-profit group, and graphic design professionals and consumer users of FreeHand, the vector-graphic illustration software product acquired by Adobe several years ago. The complaint in Free FreeHand Corp. et al. v. Adobe Systems Inc., 5:11-cv-02174 (N.D. Cal.), alleges monopolization in violation of the...
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