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Concert Fans Scream At Live Nation’s Fees For Phantom Parking Spaces

Posted  03/18/11
Concert fans claim they are being cheated by Live Nation’s practice of charging fans without cars fees for parking spaces that don’t exist. In the latest challenge, Chicago concertgoer James Batson has filed, on behalf of himself and event attendees nationwide, a class action antitrust complaint against Live Nation, the alleged “largest live entertainment company in the world.”  Batson accuses Live Nation...

Merchants Unexpectedly Win Antitrust Class Action Skirmish Against American Express

Posted  03/15/11
In a surprising and important decision, a two-judge panel of the Second Circuit has refused to enforce a mandatory class action waiver found in the standard small-merchant American Express contract. The decision in the In re American Express Merchants' Litigation clears the way for a class action (as well as a related action which was partially stayed) challenging American Express’s Honor All Cards rule as an...

Human Genome Sciences Enlists Antitrust Law In DNA War With Genentech

Posted  03/11/11
Human Genome Sciences Inc. (“HGS”) is asking a federal court in Delaware to find that rival drug developer Genentech Inc. has violated U.S. antitrust laws by colluding with Celltech R&D Ltd. to fraudulently extend the life of a disputed patent. The complaint in Human Genome Sciences Inc. v. Genentech Inc. alleges that Genentech and Celltech conspired in 2001 to fraudulently extend the life of the Cabilly...

Supremes To Resale Price Maintenance: Your Name Is Leegin

Posted  03/10/11
The U.S. Supreme Court has told manufacturers engaged in resale price maintenance that they can continue to rely on its controversial 2007 opinion in PSKS Inc. v. Leegin Creative Leather Products, which struck down the Court’s long-standing precedent that such vertical price restraints are per se illegal. After nearly four years of additional proceedings, the Supreme Court’s original Leegin decision has now...

Supremes Take A Pass On Challenge To Patent Holders’ Payments To Generics

Posted  03/8/11
Patent holders seeking to settle patent infringement cases are breathing a little easier today as a result of yesterday’s decision by the Supreme Court not to review the ruling of the Second Circuit Court of Appeals in Arkansas Carpenters Health and Welfare Fund v. Bayer AG (In re Ciprofloxacin Hydrochloride Antitrust Litig.), 05-2851-cv(L) (2d Cir. 2010) (“Cipro”). The Supreme Court thereby leaves undisturbed...

First Circuit Finds Claims Of Gasoline Price-Fixing On Martha’s Vineyard Running On Empty

Posted  03/3/11
Rejecting claims of a horizontal price-fixing conspiracy, the U.S. Court of Appeals for the First Circuit has affirmed summary judgment against a class of Martha’s Vineyard residents suing gas station owners on the picturesque, emphatically low-key island that is best known as a summer colony. The appeals court held that the plaintiffs in White v. R.M. Packer Co., Inc., failed to raise any fact question as to...

32 State Attorneys General Ask The Supreme Court To Overturn The Second Circuit's Legal Standard Governing Reverse Payments

Posted  02/28/11
In January, 32 state attorneys general filed an amicus brief in the U.S. Supreme Court, urging the Court to hear and overturn Arkansas Carpenters Health and Welfare Fund v. Bayer AG (In re Ciprofloxacin Hydrochloride Antitrust Litig.), 05-2851-cv(L) (2d Cir. 2010) (“Cipro”).  In Cipro, the Second Circuit affirmed its legal standard governing so-called "reverse payments," which are payments by a brand name drug...

Lightening Strikes: In A First, NY Electric Company To Give Up Profits In Antitrust Settlement

Posted  02/22/11
A judge in the Southern District of New York has approved a settlement agreement between the Department of Justice and KeySpan Corporation (“KeySpan”) in which KeySpan agreed to disgorge $12 million of profits for alleged violations of Sherman Act Section 1.  KeySpan was once the largest seller of electricity generating capacity in New York City and is owned by National Grid, which purchased it in 2007. The...

Ninth Circuit Gives Supermarkets Coupon For Second Bite At The Antitrust Apple

Posted  02/16/11
California’s largest supermarkets will have another chance to argue that actions they took in response to a labor strike did not violate antitrust laws.  This second bite at the apple comes courtesy of the Ninth Circuit which, on February 11, granted an en banc hearing to reconsider the initial panel’s decision against the supermarkets. In the case, California sued the state’s three largest supermarkets:...

Package Deal By FedEx And UPS?

Posted  02/9/11
According to media reports, the DOJ Antitrust Division is investigating accusations that UPS and FedEx colluded to freeze third-party shipping consultants out of the their shipping businesses.  The reports indicate that Justice has opened an investigation into possible collusion between FedEx and UPS, the two largest companies in the package shipping world. This investigation would come on the heels of a private...
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