Southern District of New York federal judge U.S. District Judge Willam H. Pauley denied Discover Bank and Citigroup Inc.’s motion to dismiss claims in multidistrict litigation claiming that credit card issuers conspired to insert anti-competitive arbitration clauses in their customer agreements. Citigroup and Discover are the only remaining defendants in a case alleging that the […]
Category Archives: Cartel Activity
European Commission Proceeds in Price-Fixing Case Against Electrical Cable Makers
July 20, 2011 – 2:24 pm
The European Commission accused 12 cable makers of colluding to fix the prices of the underground and submarine power cables used in electricity grids. The commission did not name the companies it targeted, but Italy’s Prysmian, France’s Nexans, Denmark’s NKT Holding A/S, Switzerland’s ABB Ltd. and subsidiaries of General Cable Corp. of the U.S. confirmed […]
En Banc Ninth Circuit Holds that Grocers Agreement To Share Profits in the Event of a Strike Subject to Rule of Reason
July 14, 2011 – 2:33 pm
Update July 2011: An en banc panel of the 9th Circuit reversed, holding that although the supermarket chains’ profit sharing agreement was subject to antitrust review, the panel erred in treating it as inherently anticompetitive. Because the purpose of the agreement was to support the chains in collective bargaining negotiations, and thus lower labor costs, […]
Motions to Dismiss Denied in Prosthetics Gel Liner Patent Case
July 7, 2011 – 5:25 pm
Southern District of Ohio Judge Edmund A. Sargus, Jr., denied motions to dismiss a complaint against prosthetics maker The Ohio Willow Wood Co. Inc. and inventor Bruce Kania, rejecting the defendants’ argument that the suit failed to state a claim under Section 1 of the Sherman Act because it alleges harm caused by patent enforcement. […]
Sixth Circuit Reinstates Claims for Continuing Conspiracy in Restraint of Carpet Trade
July 1, 2011 – 1:16 pm
The Sixth Circuit revived an antitrust suit brought by Tennessee carpet dealer Watson Carpet & Floor Covering Inc. alleging rival dealer Carpet Den Inc. and supplier Mohawk Industries Inc. have conspired for more than a decade to force Watson out of business. The appeals court reversed the lower court’s ruling that Watson Carpet had failed […]
EC Investigated Container Liner Shipping
June 1, 2011 – 10:31 am
European Commission officials inspected container liner shipping companies concerning possible antitrust violations.
Antitrust Claims by Student Athletes Against EA Sports Game Maker Dismissed
June 1, 2011 – 8:01 am
California District Court Judge Claudia Wilken dismissed claims that the video game company EA sports joined in a conspiracy with the NCAA and The Collegiate Licensing Co. to deny student athletes royalties on the use of the players names and images in video games. The plaintiffs had argued that EA Sports interaction with the NCAA in […]
Titanium Dioxide Price Fixing Case to Move Forward
May 31, 2011 – 2:28 pm
District of Maryland Judge Richard D. Bennett has refused to dismiss a case alleging that DuPont, Huntsman International, Kronos Worldwide Inc., and Millennium Inorganic Chemicals Inc. conspired to increase the price of titanium dioxide. Lead plainiff Haley Paint Co. alleged that the four companies control 70% of the titanium dioxide market and used trade association meetings as cover for their price […]
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 […]
California Auto Insurer Parts Conspiracy Case to Move Forward
May 31, 2011 – 1:53 pm
Northern District of California Judge James Ware refused to dismiss a putative class action alleging that California auto insurers violated the Cartwright Act, California’s antitrust statute, by conspiring to require auto repair shops to use inferior replacement parts. The case had been twice dismissed and then revived by the 9th Circuit on standing and insurance […]