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Category Archives: Private Litigation

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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 [...]

Supreme Court: Parens Patriae Suits Not “Mass Actions” under CAFA

Posted in Private Litigation

On January 14, 2014, the Supreme Court ruled in a unanimous opinion that parens patriae suits brought by states on behalf of their citizens do not constitute “mass actions” under the Class Action Fairness Act (CAFA).  Miss. ex rel. Hood v. AU Optronics Corp., No. 12-1036 (U.S. Jan. 14, 2014).   Enacted in 2005, CAFA lowered [...]

Sixth Circuit Vacates Class Certification in Detroit Nurses Antitrust Case

Posted in Private Litigation

On January 6, 2014, the Sixth Circuit vacated a class certification order for reconsideration in light of the Supreme Court’s 2013 decision in Comcast v. Behrend, 133 S. Ct. 1426 (2013).  In re VHS of Michigan, Inc., No. 13-0013 (6th Cir. Jan. 6, 2014).  In Comcast, the Supreme Court reversed a grant of class certification [...]

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 [...]

Court Certifies Class in Hospital Merger Antitrust Lawsuit

Posted in Mergers & Acquisitions, Monopolization/Abuse of Dominance, Private Litigation

On December 10, 2013, Judge Edmond Chang of the Northern District of Illinois certified a class of plaintiffs who filed a proposed class action against NorthShore University Health System (formerly Evanston Northwestern Healthcare) on behalf of all end-payors who purchased inpatient and outpatient healthcare services directly from NorthShore. In 2000, Evanston Northwestern acquired rival Highland [...]

District Court Declines to Certify Damages Subclass in NCAA Case

Posted in Private Litigation

On November 8, 2013, the Northern District of California certified a class of current and former student athletes seeking injunctive relief under the Sherman Act but declined to certify a damages subclass in the case In re NCAA Student-Athlete Name & Likeness Licensing Litig., 4:09-cv-01967-CW (N.D. Cal. November 8, 2013).  The plaintiffs, current and former [...]

Northern District of California Certifies Indirect Purchaser Class in CRT Case

Posted in Cartel Enforcement, Private Litigation

On September 24, 2013, the Northern District of California certified a class of indirect purchasers in In re Cathode Ray Tube Antitrust Litig., No. 3:07-cv-5944 SC, 2013 WL 5391159 (N.D. Cal. September 24, 2013).  The case was brought by indirect purchasers of products containing cathode ray tubes (CRTs) against CRT manufacturers alleging a global conspiracy [...]

Detroit Nurses Object to Sixth Circuit Reviewing Class Certification Decision

Posted in Cartel Enforcement, Healthcare Antitrust, Private Litigation

On October 11, 2013, the plaintiffs in the Detroit nurses litigation who have accused Detroit-area hospitals of conspiring to suppress their wages opposed VHS of Michigan, D/B/A Detroit Medical Center’s (DMC) petition to the Sixth Circuit for leave to appeal the district court’s decision granting class certification. DMC had asked the Sixth Circuit to do [...]

Dow Chemical Co. Secures Stay, Will Challenge Calculation of Treble Damages on Appeal

Posted in Monopolization/Abuse of Dominance, Private Litigation

by Lincoln Mayer The U.S. District Court for the District of Kansas granted Dow Chemical’s request to stay a $1.06 billion verdict in an antitrust class action suit pending appeal.  The jury’s original $400 million verdict, for allegedly fixing prices of chemical inputs for urethane foam, was trebled to $1.2 billion before the court reduced [...]

$20 Million Settlement in In re: High-Tech Employee Antitrust Litigation, a Non-Poaching Agreement Case

Posted in Private Litigation

by Joseph F. Winterscheid and Nick Grimmer Three of the seven companies defending allegations that they violated U.S. antitrust law by agreeing not to recruit each other’s employees agreed to settle all claims against them in In re: High-Tech Employee Antitrust Litigation for a total of $20 million. This putative class action and substantial settlement [...]

Hotels and Online Travel Companies Move to Throw Out Class Action Suit

Posted in Private Litigation

by Megan Morley Last week, a group of hotels and online travel companies moved to dismiss an amended class action complaint alleging that they engaged in a price-fixing conspiracy to control hotel room prices.  Online Travel Company Hotel Booking Antitrust Litigation, case number 3:12-cv-03515.  The companies, which include Travelocity and Hilton Worldwide, argued that the [...]

Egg Producer Agrees to Pay $28 Million to Settle Price-Fixing Claims

Posted in Agriculture, Private Litigation

by Nicole Castle On July 23, 2013, Cal-Maine Foods Inc., the largest producer of fresh shell eggs in the U.S., announced that it had agreed to pay $28 million to settlement the direct purchaser claims brought by plaintiffs in In re Processed Egg Products Antitrust Litigation, 08-cv-2002 (E.D. Pa.).  The direct purchaser plaintiffs alleged that [...]

EU Commission Published Proposals for Private Antitrust Litigation

Posted in Cartel Enforcement, EC Developments, Private Litigation

by Lionel Lesur, Martina Maier and Philipp Werner On 11 June, the European Commission (“Commission”) published its long-awaited package of proposals on private antitrust litigation. The package is divided into three sets: (1) a Draft Directive on actions for damages (2) a Draft Recommendation on promoting group claims (3) and a Draft Communication and Draft [...]

Supreme Court Comcast Decision Makes Antitrust Class Action Certification More Difficult

Posted in Private Litigation

by David L. Hanselman, Stefan M. Meisner and Daniel Powers The Supreme Court’s decision in Comcast Corporation v. Behrend, an antitrust case involving a class of more than two million current and former cable television subscribers in the Philadelphia area, raises the bar for plaintiffs to obtain certification of antitrust class actions. To read the [...]

China’s Anti-Monopoly Law Makes it Easier to Sue in Cases of Anti-Competitive Conduct

Posted in Chinese Developments, Monopolization/Abuse of Dominance, Private Litigation

by Henry L.T. Chen and Frank Schoneveld.    Recently, the Supreme People’s Court of China issued final rules to build a working framework for civil anti-monopoly cases brought under the country’s Anti-Monopoly Law.  The rules will take effect on 1 June 2012. To read the full article, please click here.