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Curtain Falling On Feds’ Long-Playing Epic Antitrust Battle Against Microsoft

Posted  05/5/11
The sun will soon set on the epic antitrust battle between the U.S. Department of Justice (“DOJ”) and Microsoft. The DOJ’s mammoth case against the software giant began 13 years ago, when the agency filed an antitrust complaint accusing Microsoft of using its market power to mercilessly pound its rivals.  The case was actively litigated until 2001, when the parties reached a settlement that provided for...

College Bowl Games May Face Playoffs With Antitrust Enforcers

Posted  05/3/11
The antitrust controversy surrounding college football’s Bowl Championship Series (BCS) is heating up. In the just the past two weeks, a group of law and economics professors asked the U.S. Department of Justice to commence an antitrust investigation of the BCS, and Utah’s attorney general vowed to bring an antitrust lawsuit. The BCS has, in recent years, drawn antitrust scrutiny from colleges, attorneys,...

U.S. Airways Seeks To Ground High-Flying Sabre

Posted  05/2/11
U.S. Airways is seeking to ground high-flying Sabre Holdings Corp. – which runs the largest U.S. global distribution system linking travel agents with airline fares and other services – for allegedly engaging in monopolistic acts. U.S. Airways has filed an antitrust lawsuit against Sabre in the U. S. District Court for the Southern District of New York.  The airline’s complaint in U.S. Airways, Inc., v....

American Airlines Seeks To Ground High-Flying Orbitz

Posted  04/21/11
American Airlines has filed a lawsuit in the U. S. District Court for the Northern District of Texas against the second-largest online travel website – Orbitz Worldwide – and its largest stakeholder, Travelport, for allegedly engaging in monopolistic acts. The complaint alleges that Orbitz, based in Chicago, colluded with Travelport, based in the United Kingdom, to block an independent avenue for ticketing...

Federal Court Finds Sprinkler Monopolization Claims To Be all Wet

Posted  04/18/11
A federal court has decided that Digital Sun’s wireless sprinkler system may be innovative, but its claims of anticompetitive conduct by competitor Toro Company are all wet. Judge Lucy Koh of the U. S. District Court for the Northern District of California has ruled that that Digital Sun’s antitrust complaint in Digital Sun v. The Toro Company falls well short of pleading standards, and dismissed all claims...

Court Okays Suit To Untangle Cable Boxes

Posted  04/14/11
An antitrust suit by customers seeking to untangle services provided by their cable company, Insight Communications, has been given a green light by Judge Joseph McKinley of the U. S. District Court for the Western District of Kentucky, who denied a motion to dismiss. The customers allege that Insight illegally ties two separate products – its interactive cable service and the rental of a set-top box.  The...

California Court Gives Green Light To Plaintiffs In Auto Insurance Case

Posted  04/6/11
Judge James Ware of the U.S. District Court for the Northern District of California has denied the summary judgment motions of several car insurers in a class action alleging they created a sham organization to eliminate competition in the market for repair parts. The plaintiffs in Perez et al. v. State Farm Mutual Automobile Insurance Co. et al. (No. 5:06-cv-01962) are California automobile insurance policyholders...

Court Pulls Plug On Complaint Challenging Power Company’s Overcharges

Posted  04/5/11
Federal Judge Shira Scheindlin of the Southern District of New York has dismissed a class action alleging that regional power generator KeySpan Corp. overcharged millions of electricity customers. The complaint in Simon v. Keyspan Corp., 10 CIV. 5437 SAS (S.D.N.Y. 2011), challenged a derivative transaction – the “KeySpan Swap,” arranged by financial advisor Morgan Stanley – relating to New York City’s...

Third Circuit Keeps Former Morgan Crucible CEO In Prison For Obstructing Antitrust Probe

Posted  03/28/11
The United States Court of Appeals for the Third Circuit has upheld an 18-month prison sentence in U.S. v. Norris for former Morgan Crucible Co. PLC CEO Ian Norris, who was found guilty last December of conspiring to obstruct justice in a price-fixing investigation of the carbon products industry. Norris was sentenced to 18 months in prison, three years of probation, and a $25,000 fine after a federal jury in...

Players Hope To Score A Touchdown In Brady v. NFL

Posted  03/22/11
Packers v. Steelers may have been the official “Big Game” this year, but Brady v. NFL is turning out to be the real contest to watch. New England Patriots quarterback Tom Brady and eight of his fellow professional football stars (plus a potential one) kicked off the game on March 11, 2011, by suing the National Football League and its 32 member teams under the federal antitrust laws. The NFL sought to block...
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