In Gatt Communications Inc. v. PMC Associates LLC et al., the Second Circuit upheld the dismissal of a bid-rigging action against a radio dealer that sold to state and municipal entities. The court held that the plaintiff lacked antitrust standing under federal and state law. The plaintiff alleged that the non-party radio manufacturer organized a […]
Category Archives: Antitrust Standing
ATM Case Against Visa & MasterCard Dismissed
March 25, 2013 – 9:55 am
In National ATM Council Inc. et al. v. Visa Inc. et al., District of Columbia Judge Amy B. Jackson dismissed consolidated antitrust class actions against Visa and MasterCard alleging that the two card networks conspired restrain ATM fee competition. The plaintiffs allege that the two networks blocked ATM providers from steering their customers to lower […]
Court Denies Interlocutory Appeal Request in Cathode Ray Tubing Antitrust MDL
February 25, 2013 – 12:45 pm
In In re: Cathode Ray Tube (CRT) Antitrust Litigation, Northern District of California Judge Samuel Conti rejected Samsung Electronics Co. Ltd. and other electronic makers’ request for an interlocutory appeal of a ruling that indirect purchasers of allegedly price-fixed cathode ray tubes could pursue antitrust claims under an exception to the U.S. Supreme Court’s Illinois […]
Foreign Drug Maker Lacks Antitrust Standing If It Does Not Compete in the U.S.
February 23, 2013 – 5:51 pm
In Ethypharm SA France v. Abbott Laboratories, the Third Circuit held that because Ethypharm chose to license its anti-cholesterol drug Antara for U.S. distribution, rather than entering the US market itself, the plaintiff lacked standing to sue Abbott Laboratories for conspiring to keep Ethypharm’s drug off the market. Ethypharm alleged that Abbott agreed with Reliant […]
Court Denies Summary Judgment In LCD Panel Antitrust Suit
November 30, 2012 – 1:42 pm
In In re: TFT-LCD Flat Panel Antitrust Litigation, Northern District of California Judge Susan Illston denied two motions for partial summary judgment, filed by several electronics makers in order to nix LCD multidistrict litigation price-fixing claims against them. Some of the largest electronics retailers in theU.S., such as Target Corp., Best Buy Co. Inc., and […]
LCD Manufacturers Move to Dismiss Price-Fixing Claims Based on ATM Fee Ruling
October 29, 2012 – 10:00 pm
In In re: TFT-LCD Flat Panel Antitrust Litigation, Toshiba, Corp. moved to dismiss Best Buy Co. Inc.’s liquid crystal display (LCD) price-fixing claims, on the ground that Best Buy lacks standing to seek antitrust damages under the Ninth Circuit’s recent ATM fee antitrust ruling. In July, the Ninth Circuit rejected claims brought by consumers over […]
Retailers’ Antitrust Suit Against LCD Manufacturers Survives Motion to Dismiss
October 16, 2012 – 1:46 pm
In In re: TFT-LCD (Flat Panel) Antitrust Litigation, Northern District of California Judge Susan Illston denied a motion to dismiss price-fixing claims related to the sale of cellphones and digital cameras brought by several retailers against liquid crystal display manufacturers. This case is part of a consolidated multidistrict class action suit, where direct purchasers of […]
Filed Rate Doctrine Bars Challenge to Energy Price Set at Auction
October 11, 2012 – 9:09 am
In Simon v. KeySpan Corp., the United States Court of Appeals for the Second Circuit upheld the dismissal of the plaintiffs claims on the ground that the filed rate doctrine blocked a consumer class action alleging that KeySpan used a complex financial transaction to overcharge New York City electricity buyers. The filed rate doctrine holds […]
Antitrust Claims Dismissed in Medical Billing Price-Fixing Suit
September 20, 2012 – 3:15 pm
In In re: WellPoint Inc. Out-of-Network “UCR” Rates Litigation, Central District of California Judge Philip S. Gutierrez dismissed Sherman Act claims in a long-running multidistrict litigation for lack of standing. In their suit, plaintiffs accuse WellPoint and other insurers of conspiring to underpay health care providers by knowingly creating and using flawed data – contained […]
Breach of SSO Commitment Enforceable By Competitors, but Not as Antitrust Violation
September 11, 2012 – 10:35 am
In Apple Inc. v. Motorola Mobility Inc., Western District of Wisconsin Judge Barbara B. Crabb granted summary judgment against Apple on antitrust claims, but allowed its contract claims to stand, in a case alleging that Motorola Mobility refused to license its standard-essential patents on fair, reasonable and nondiscriminatory terms. Although Motorola’s commitments to standard-setting organizations […]