In QSGI Inc. v. IBM Global Financing et al., Southern District of Florida Judge Kenneth L. Ryskamp dismissed computer reseller QSGI Inc.’s claim that IBM’s monopolistic conduct bankrupted it. The court held that the fatal flaw in QSGI complaint was the lack of injury to competition, as opposed to the company itself. As a result, […]
Category Archives: Antitrust Standing
Court Dismissed Antitrust Claims against American Airlines for Failure to Show Injury
August 20, 2012 – 10:38 am
In American Airlines Inc. v. Travelport Ltd., Northern District of Texas Judge Terry R. Means dismissed Travelport Ltd.’s counterclaims against American Airlines Inc., ruling that the fare data distributor lacked standing to bring the antitrust allegations because it had not suffered direct antitrust injury from the alleged behavior, in American Airlines’ suit over an alleged plot […]
USFE’s Antitrust Suit Against CME and CBOT Will Move Forward
August 8, 2012 – 2:45 pm
In U.S. Futures Exchange LLC et al. v. Board of Trade of the City of Chicago et al., Northern District of Illinois Judge James B. Zagel denied, in part, a motion for summary judgment, filed by Chicago Board of Trade and Chicago Mercantile Exchange, Inc., thereby allowing part of the antitrust suit against them to […]
ATM Price Fixing Case Dismissed
August 6, 2012 – 3:16 pm
In In re: ATM Fee Antitrust Litigation, the Ninth Circuit upheld the dismissal of a long-running class action against Bank of America, JP Morgan Chase, and other banks alleging that ATM interchange fees were the product of an illegal agreement. The court held that bank customer plaintiffs lacked standing to sue for damages because they […]
Follow-on Case to DOJ Blue Cross Blue Shield Prosecution to Move Forward
July 2, 2012 – 4:47 pm
In Aetna Inc. v. Blue Cross Blue Shield of Michigan, Eastern Distict of Michigan Judge Denise Page Hood struck down Blue Cross’ motion to dismiss Aetna’s complaint alleging that Blue Cross Blue Shield entered antitcompetitive agreements prohibiting about half of the state’s 131 hospitals from offering more favorable terms to competing insurers. As a result, […]
Court Refuses to Certify Advertiser Class Action Against Facebook
May 1, 2012 – 4:43 pm
Northern District of California Judge Phyllis J. Hamilton refused to certify a proposed of online advertisers in In re: Facebook Inc. PPC Advertising Litigation. The court held that the proposed class representatives did not show that they were harmed by the alleged violations. The complaint alleged that Facebook charged advertisers for cost-per-click, or CPC, advertising, […]
Multimedia Messaging Antitrust Suit Dismissed for Lack of Standing
March 19, 2012 – 3:13 pm
In Bruce Max Davis et al. v. AT&T Wireless Services, Inc. et al., California federal judge Dean D. Pregerson, tossed a putative antitrust conspiracy class action under the Sherman Act and California Cartwright Act. The complaint alleged price-fixing and unfair competition, and was filed by multimedia content owners and producers against AT&T Mobility LLC, Verizon […]
Power Purchaser Lacks Standing
June 1, 2011 – 3:32 pm
Update June 2011: The court denied the plaintiff’s motion to reconsider its decision. Southern District of NY Judge Shira Scheindlin ruled that Plaintiff, Charles Simon, lacked standing to sue electric power supplier KeySpan and Morgan Stanley for allegedly manipulating the price of power sold to Simon’s utility, Con Edison. KeySpan paid $12 million to settle […]
Asparagus Seed Patent Challenge Needs to Allege Knowing Fraud to Support Antitrust Claims
June 1, 2011 – 10:23 am
District of New Jersey Judge Freda L. Wolfson dismissed antitrust claims filed by Jersey Asparagus Farms Inc. against Rutgers University concerning patents for asparagus seeds. The plaintiff alleged that the patents were invalid on the ground that Rutgers failed to disclose prior art to the PTO. Recognizing that fraudulently obtaining a patent may violate the antitrust […]
Credit Card Foreign Purchase Fee Conspiracy Case Against AmEx to Move Forward
May 31, 2011 – 2:16 pm
Southern District of New York Judge William H. Pauley III denied AmEx’s motion for summary judgment in a case alleging that American Express (1) conspired with banks to increase foreign transaction fees for using the cards to purchase items priced in foreign currencies and (2) imposed improper arbitration clauses in its cardholder contracts. AmEx argued that the […]