The U.S. Department of Justice has opened an antitrust investigation into the market for pressure pumping services used in hydraulic fracturing. Pressure pumping is the process of pumping water and other fluids into a well to break up rock formations and increase the well’s oil or gas production. Two of the companies that received civil investigative demands […]
Author Archives: Steve Semeraro
Bayer Settles Cipro Pay-For-Delay Suit for $74 Million
July 31, 2013 – 1:41 pm
In In re: Cipro Cases I & II, Bayer Corp. has agreed to pay $74 million to settle a California consumer class action over its alleged pay-for-delay patent deals for the antibiotic Cipro. The deal dismisses Bayer from a long-running antitrust suit over the nearly $400 million Bayer paid out in 1997 to end the […]
Non-profit Antitrust Organization Requested Increase of Fines for Antitrust Violations
July 31, 2013 – 11:51 am
An independent nonprofit education, research and advocacy organization, the American Antitrust Institute (AAI), sent a letter to the United States Sentencing Commission, asking the Commission to amend a key portion of the formula it uses to calculate fines for antitrust offenses. AAI requested that the Commission increase the standard presumption of illegal overcharge it uses […]
Proposed Class Action Accuses Popular Restaurants of Illegally Fixing Tip Rates
July 31, 2013 – 11:19 am
In Diamond et al. v. Darden Restaurants, Inc. et al., plaintiff Ted Diamond filed a proposed class action suit against the owners of several popular restaurant chains, such as Red Lobster, Olive Garden, Applebee’s, and Ruby Tuesday, accusing the restaurants of fixing prices at locations in New York City’s Times Square for automatic gratuities and […]
EC Accuses Banks of Blocking CDS Exchange Trading
July 30, 2013 – 4:54 pm
After a nearly two-year investigation, the European Trade Commission accused 13 of the world’s largest banks as well as International Swaps and Derivatives Association Inc. (ISDA) and Markit Group Ltd. of colluding to block two exchanges from establishing credit-default swap exchanges by denying them the necessary licenses to operate the trading platforms. According to the […]
Bar on Non-Dentists Offering Teeth Whiting Not Immune from Antitrust Challenge
July 12, 2013 – 4:15 pm
In North Carolina State Board of Dental Examiners v. Federal Trade Commission, the U.S. Court of Appeals for the Fourth Circuit rejected the North Carolina dental board’s assertion of state action immunity for cease-and-desist letters that it sent to non-dentists providing teeth-whitening services. The court held that the state did not sufficiently supervise the ban. […]
Indirect Purchaser Claims Dismissed/Direct Purchaser Claims to Move Forward in Multi-District Auto Parts Antitrust Litigation
July 3, 2013 – 11:14 am
In In re: Automotive Parts Antitrust Litigation, Eastern District of Michigan Judge Marianne Batani dismissed some indirect purchaser claims, but retained direct purchaser claims, in multidistrict litigation in which the plaintiffs accuse auto parts makers of rigging bids and fixing prices on automotive wiring harnesses. The court found sufficient allegations of a conspiracy with respect […]
Allegations that Copyright Owners Conspired to Restrain Competition Dismissed
July 3, 2013 – 11:11 am
In Metropolitan Regional Information Systems Inc. v. American Home Realty Network Inc. et al., District of Maryland Alexander Williams Jr. dismissed antitrust claims arising in a copyright infringement case. The court held that the defendant real estate referral service did not plausibly allege that the plaintiff conspired to file sham copyright infringement suits intended to […]
Court Dismisses Medical Testing Labs’ Monopoly Suit Against Health Insurers
June 27, 2013 – 5:36 pm
In Rheumatology Diagnostics Laboratory Inc. et al. v. Aetna Inc., et al, Northern District of California Judge Jon Tigar dismissed medical testing labs’ antitrust suit alleging that Quest Diagnostics improperly offered insurers incentives so that they would refuse to deal with its competitors. The suit accused Quest of offering predatory discounts to health insurance companies […]