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Category Archives: Private Litigation

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Summary Judgment Affirmed by Sixth Circuit in Broker Commission Price-Fixing Litigation

Posted in Private Litigation

On November 13, 2014, the Sixth Circuit Court of Appeals upheld the dismissal of price-fixing claims against two home brokerage service firms in Kentucky, McMahon Co. and HomeService of America, Inc.  Hyland, et al. v. HomeServices of America Inc., et al., case number 12-5947.  The plaintiffs, a class of Kentucky brokers, alleged that the defendants [...]

NCAA Appeals Ruling on Compensation for Student-Athletes

Posted in Private Litigation

On November 14, 2014, the National Collegiate Athletic Association (NCAA) submitted its initial brief to the Ninth Circuit Court of Appeals challenging the Northern District of California’s August decision that the NCAA’s rules banning student-athletes for being compensated for the use of their names, images and likenesses violated antitrust laws.  O’Bannon v. National Collegiate Athletic [...]

Mushroom Growers Denied Capper-Volstead Antitrust Immunity

Posted in Agriculture, Private Litigation

On October 14, 2014, the Eastern District of Pennsylvania denied a motion for reconsideration brought by members and affiliates of the former Eastern Mushroom Marketing Cooperative (EMMC).  In re Mushroom Direct Purchaser Antitrust Litig., No. 06-0620 (E.D. Pa. Oct. 14, 2014).  In 2009, the court denied defendants’ motion for partial summary judgment, which argued that [...]

S.D.N.Y. Dismisses Cotton Traders’ § 1 Claims Under Copperweld

Posted in Agriculture, Monopolization/Abuse of Dominance, Private Litigation

On September 30, 2014, the Southern District of New York reconsidered the Commodities Exchange Act (CEA) and Sherman Act claims brought against Louis Dreyfus Commodities B.V. and its affiliates in In re Term Commodities Cotton Futures Litigation, 12 Civ. 5126 (ALC)(KNF) (S.D.N.Y. Sept. 30, 2014).  The plaintiffs, cotton futures traders, alleged that the defendants manipulated [...]

Local Wholesaler-Retailer Dispute Has Federal Implications

Posted in Distribution/Franchising, Monopolization/Abuse of Dominance, Private Litigation

On August 14, the U.S. District Court for the Southern District of Mississippi issued an opinion finding that state regulations bolstered one antitrust claim and hindered another in an ongoing dispute between a northern Mississippi convenience store chain, Major Mart, and an Anheuser-Busch InBev (ABI, a/k/a “Red Network”) distributor, Mitchell Distributing Company. In Mississippi, by [...]

Automotive Bearings Price-Fixing Allegations Survive FTAIA Defense

Posted in Private Litigation

On August 26, 2014, the Eastern District of Michigan denied a motion by a Japanese manufacturer and its U.S.-based subsidiary (NTN Corporation and NTN USA Corporation) to dismiss the direct and indirect purchaser complaints in In re Bearings, 2:12-cv-00500-MOB-MKM (E.D. Mich. Aug. 26, 2014), one of the cases in the In re Automotive Parts Antitrust [...]

Judge Upholds Poaching Claims in Pharmaceutical Data Antitrust Case

Posted in Healthcare Antitrust, IP Antitrust, Private Litigation

On Friday, August 15, 2014, Judge Gerald McHugh of the Eastern District of Pennsylvania let stand several counterclaims that IMS Health Inc. (IMS) made against Symphony Health Solutions Corp. (Symphony) in connection with related to allegations that Symphony had poached IMS employees to steal trade secrets. In July 2013, Symphony brought a complaint against IMS, [...]

District Court Denies Summary Judgment in Broadcast Rights Class Action

Posted in Private Litigation

On Friday, August 8, 2014, the Southern District of New York denied motions for summary judgment filed by the National Hockey League, Major League Baseball, Comcast Corp. and DirecTV LLC in suits alleging that these organizations and television providers conspired to hinder competition in television and internet sports broadcasting.  In two class action suits brought [...]

Judge Rules NCAA Ban on Student-Athlete Compensation Violates Antitrust Law

Posted in Private Litigation

On Friday, August 8, 2014, the Northern District of California determined that the National Collegiate Athletic Association’s (NCAA’s) rules banning student-athletes for being compensated for the use of their names, images and likenesses violated antitrust laws.  In re Student-Athlete Name & Likeness Licensing Litigation, case number 4:90-cv-01967.  During the three week-long bench trial in June [...]

Chinese Magnesite Producers Antitrust Class Action Complaint Dismissed

Posted in Chinese Developments, Energy/Commodities, Private Litigation

On July 24, 2014, the district court in Animal Sci. Prod., Inc. et al. v. China Nat’l Metals & Minerals Imp. and Exp. Corp. et al., Case No. 2:05-cv-04376 (D.N.J.), dismissed direct purchaser plaintiff’s Amended Complaint without prejudice in favor of magnesite producers accused of engaging in a price fixing scheme for magnesite and magnesite [...]

District Court Pares Down Price Discrimination Suit Against Chrysler

Posted in Distribution/Franchising, Private Litigation

On July 11, 2014, the Northern District of California dismissed one of two federal antitrust claims brought against Chrysler Group LLC under the Robinson-Patman Act, 15 U.S. C. § 13, as well as several state statutory and common law claims.  Matthew Enterprise, Inc. v. Chrysler Group LLC, No. 13-cv-04236-BLF (N.D. Cal. July 11, 2014).  The [...]

Court Won’t Reconsider Prior Ruling in NCAA Class Action

Posted in Private Litigation

On May 12, 2014, the National Collegiate Athletics Association (NCAA) lost its motion for leave to file a motion for reconsideration of a prior ruling, which barred the NCAA from arguing at trial that not paying student-athletes for their likenesses increased competition by raising financial support for women’s and less prominent men’s athletics.  A former [...]

MOFCOM Asks Second Circuit to Reverse Judgment Against Chinese Vitamin Manufacturers

Posted in Chinese Developments, Private Litigation

On April 14, 2014, China’s Ministry of Commerce (MOFCOM) filed an amicus brief asking the Second Circuit to overturn a ruling by the Eastern District of New York against Chinese vitamin manufacturers.  See Brief for Amicus Curiae Ministry of Commerce of the People’s Republic of China in Support of Defendants-Appellants, In re Vitamin C Antitrust [...]

Judge Ends Indirect Purchaser Plaintiffs’ Case in Refrigerant Compressors

Posted in Private Litigation

Last week, on April 8, 2014, the District Court for the Eastern District of Michigan dismissed the remaining claims of indirect purchaser plaintiffs (IPPs) in the ongoing Refrigerant Compressors litigation.  In re: Refrigerant Compressors, Case No. 2:09-md-02042 (E.D. Mich. April 8, 2014).  Almost exactly one year ago, the court dismissed most of the IPPs’ claims, [...]

Section 1 Claims Dismissed in LIBOR, TIBOR Class Action

Posted in Private Litigation

On March 28, 2014, Judge Daniels of the Southern District of New York dismissed antitrust and unjust enrichment claims against over 20 banks accused of manipulating prices in the Euroyen interbank lending market by submitting false rate quotes to Yen-LIBOR and Euroyen TIBOR rate-setting organizations.  Laydon v. Mizuho Bank, Ltd., No. 12-cv-3419 (S.D.N.Y. Mar. 28, [...]

FTAIA and Foreign Sales: Seventh Circuit Limits Extraterritorial Reach of U.S. Antitrust Law in Motorola Mobility v. AU Optronics

Posted in Private Litigation

On March 27, 2014, in Motorola Mobility LLC v. AU Optronics Corp., the Seventh Circuit set precedent in the growing body of law interpreting the Foreign Trade Antitrust Improvements Act (FTAIA).  Judge Posner held that the FTAIA bars antitrust suits over restraints in foreign markets for parts (inputs) used abroad to manufacture products later imported [...]

NCAA Compensation Cartel Allegations Take Center Court

Posted in Private Litigation

On March 17, 2014, a class action lawsuit was filed against the National Collegiate Athletics Association (NCAA), alleging that capping compensation to college athletes violates Sherman Act Section 1. The lawsuit was filed on behalf of all Division I college football and men’s basketball players, and named five major conferences within the NCAA as co-defendants: [...]

Antitrust Class Action Against Graco Inc. Dismissed

Posted in Private Litigation

On March 11, 2014, Judge Ann Montgomery of the District of Minnesota dismissed a putative antitrust class action against Graco Inc. and its distributors that accused Graco of buying two of its closest competitors in the spray foam equipment market for the purposes of raising prices and reducing product options.  Insulate SB Inc. v. Abrasive [...]

Cathay Pacific Airlines Settles Freight Shipping Price-Fixing Class Action

Posted in Private Litigation

On February 12, 2014, Cathay Pacific Airlines Ltd. settled a freight shipping price-fixing multidistrict class action litigation in the Eastern District of New York.  In re Air Cargo Shipping Services Air Cargo Antitrust Litigation, case number 1:06-md-01775.  The Hong Kong-based airline agreed to pay consumers of air-freight shipping services $65 million in the settlement.  After [...]

Keeping Third Party Communications Protected by the Attorney-Client Privilege

Posted in Private Litigation

A recent Pennsylvania federal court decision highlights the difficulty in keeping third party communications privileged.  (King Drug Co. of Florence, Inc. v. Cephalon, Inc., No. 06-CV-1797, 2013 WL 4836752 (E.D. Pa. Sept. 11, 2013)).  In Cephalon, the court found third party communications privileged because the third party performed a role for Cephalon substantially identical to [...]