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Page 59 of 63

Music Labels Can’t Convince Supremes To Sing Stop In The Name Of Twombly

Posted  02/1/11
The four major U.S. music labels have lost their bid to convince the Supreme Court to pull the plug on an antitrust class action under the high court’s Twombly standard for pleading. The Supreme Court has declined to hear an appeal in Sony Music Entertainment v. Kevin Starr, a price-fixing class action against Warner Music Group, Universal Music Group, Sony, and EMI.  The denial of certiorari leaves standing the...

Tagged in: Antitrust Litigation, Price Fixing,

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New York Court Reinstates Reinsurer’s Case, Reaffirming Antitrust Injury Extends Beyond Competitors And Consumers

Posted  01/24/11
The Appellate Division of the New York State Supreme Court has reinstated an antitrust lawsuit against a reinsurer created in the 1990s to rescue underwriters at Lloyd's of London from soaring asbestos and environmental liabilities stemming from policies Lloyd’s sold before 1993. The appellate court opinion reaffirms the principle that antitrust injury can extend beyond simply competitors and consumers of a...

Tagged in: Antitrust Litigation,

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Circumstantial Evidence Batting .500 In Seventh Circuit This Month With Omnicare Defeat

Posted  01/13/11
Proponents of proving antitrust conspiracies with circumstantial evidence are one for two in Seventh Circuit decisions decided in the last two weeks with the plaintiff’s summary judgment loss in Omnicare Inc. v. UnitedHealth Group, Inc. The decision by the U.S. Court of Appeals for the Seventh Circuit affirming Judge Rebecca Pallmeyer’s grant of summary judgment to the defendants in Omnicare is that court’s...

Tagged in: Antitrust Litigation, Price Fixing,

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Judge Posner Texts Twombly No Bar To Texters’ Circumstantial Class Action

Posted  01/10/11
In an opinion written by antitrust expert Judge Richard Posner, the U.S. Court of Appeals for the Seventh Circuit has rejected a bid by defendant cell phone companies to throw out a class action alleging that the companies conspired to fix text message prices. The Seventh Circuit held that the plaintiffs’ second amended complaint in In re: Text Messaging Antitrust Litigation contained enough circumstantial...

Tagged in: Antitrust Litigation, Price Fixing,

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Priceline Loses Bid To Participate In Payment Card Settlement

Posted  01/5/11
The U.S. Court of Appeals for the Second Circuit has affirmed a lower court’s ruling that Priceline.com, Inc. did not fit the definition of a class member described in a $336 million antitrust class action settlement agreement that resolves claims of price fixing in the consumer payment card industry. The plaintiffs in the In re Currency Conversion Fee Antitrust Litigation alleged a price-fixing conspiracy among...

Tagged in: Antitrust Litigation, Price Fixing,

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District Judge Puts iPhone Plaintiffs On Hold

Posted  12/20/10
Just weeks after the Ninth Circuit agreed to certify a class of plaintiffs suing Apple and AT&T for antitrust violations related to iPhone contracts, the district court judge presiding over the case has put the plaintiffs’ case on hold. Judge James Ware of the Northern District of California wants to let the Supreme Court decide a different case concerning arbitration before he proceeds with In re Apple & ATTM...

Tagged in: Antitrust Litigation,

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No Payoff For Plaintiffs Seeking To Reinstate ATM Fee Antitrust Litigation

Posted  12/9/10
The United States District Court for the Northern District of California has denied plaintiffs’ motion to reconsider its September 16 2010, ruling that plaintiffs in the ATM Fee Antitrust Litigation have no standing to pursue their price fixing claims against an ATM network and a group of banks.  The District Court dismissed plaintiffs’ claims under the rule of Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977),...

Tagged in: Antitrust Litigation, Price Fixing,

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Stop The Presses!: Predatory Pricing Verdict Against San Francisco Weekly Upheld

Posted  12/1/10
The California Supreme Court, in Bay Guardian Co. v. New Times Media LLC, No. S186497 (Cal. Nov. 23, 2010), has declined to review rulings from the California Superior trial court and California Court of Appeal upholding a $21 million antitrust damages verdict against the San Francisco Weekly.  The SF Weekly and its parent, Village Voice Media Holdings, were accused by the plaintiff, the Bay Guardian, of trying to...

Tagged in: Antitrust Litigation,

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Recent Case Highlights Issues In Public Antitrust Investigations

Posted  11/22/10
Of all the substantive areas of American law, antitrust is perhaps the one that most aggressively reaches foreign conduct.  Ever since the Second Circuit’s 1945 Alcoa opinion (United States v. Aluminum Co. of America, 148 F.2d 416), courts and Congress have recognized that foreign conduct, when it affects U.S. commerce, can violate U.S. antitrust laws.  Thus U.S. antitrust regulators sometimes seek evidence of...

Tagged in: Antitrust Enforcement, Antitrust Litigation, Antitrust Policy, International Competition Issues,

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No Small Beer Here – Appeals Court Confirms Massive Brewing Companies’ Merger

Posted  11/19/10
Beer giants Anheuser-Busch Companies, Inc. and InBev, NV/SA didn’t exactly meet at a bar, but they can go ahead and merge.  The Eighth Circuit, affirming a lower court’s decision, on October 27 held that there’s no reason to roll back the consummated merger under Sections 7 and 16 of the Clayton Act. Until their merger in 2008, each company was already huge:  Belgium-based InBev was the largest brewer in...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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