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: Class Certification
Class Action Against Pharmacy Chain Dismissed
March 2, 2012 – 3:40 pm
The Ninth Circuit Court of Appeals has affirmed the dismissal of a proposed class action against several pharmacy chains — including CVS Caremark Corp., Rite Aid Corp. and Walgreen Co. — over the companies’ alleged participation in a scheme to artificially inflate drug prices. The court affirmed California U.S. District Judge Susan Illston ruling that […]
Class Certified in Case Alleging that It Delayed Generic Entrant
June 3, 2011 – 9:04 am
Update November 2010: The court has certified a class of direct purchasers. Eastern District of Pennsylvania Judge Anita B. Brody rejected Glaxo-SmithKline’s (GSK) motion to dismiss a case alleging that it anticompetitively delayed the entry of generic Flonase into the market by filing citizens petitions before the FDA. GSK argued that its conduct was protected […]
Sirius/XM Merger Subject to Class Challenge
May 31, 2011 – 2:38 pm
Update May 2011: Sirius has agreed to settle the case by agreeing to maintain an FCC imposed price cap set to expire in July for an additional five months. The value of the settlement to Sirius 19 million customers is estimated to be $180 million. The settlement also included approximately $13 million in attorney’s fees. […]
Drug Pricing Class Action Certified
May 11, 2011 – 5:01 pm
A District of Massachusetts court certified a class of state and city plaintiffs bringing a class complaint alleging that McKesson Corp., a large drug distributer, organized a scheme to increase the posted average wholesale prices for drugs, which is used to calculate payments to pharmacies. The 2008 complaint alleges that the scheme affected prices from […]
LBO Price Fixing Case Narrowed
May 11, 2011 – 4:18 pm
District of Massachusetts Judge Edward F. Harrington dismissed the allegations of former Kinder Morgan shareholders in a broad class action alleging price fixing among Goldman Sachs, the Carlyle Group, Blackstone, and other Wall Street defendants with respect to leveraged buyouts. The court dismissed the Kinder Morgan allegations on the ground that they were covered by […]
Class Certified in iPhone Exclusive Dealing & Monopolization Case
January 26, 2011 – 2:46 pm
Update January 2010: Northern District of California Judge James Ware dismissed with leave to amend a complaint filed by an indirect purchaser alleging that Apple charged anticompetitive fees for music that could play on non-Apple devices and had issued updates that reduced the value of i-pods because they limited the ability of the Apple device […]
SRAM Class Action to Proceed
January 17, 2011 – 12:21 am
Northern District of California Judge Claudia Wilken denied a motion to decertify a class of direct purchasers of SRAM chips. The judge also denied in part and granted in part defendants’ motion for summary judgment for indirect purchaser claims. Samsung argued in its motion for decertification that the direct purchasers lacked standing because the direct […]
Class Action Alleges Price Fixing in the Sale of Optical Disc Drives
August 31, 2010 – 3:17 pm
Classes of direct and indirect purchasers have filed suit in the Northern District of California alleging that optical disc drive manufacturers have violated the antitrust laws. The complaint alleges that the defendants agreed to charge higher prices and rig electronic auctions to ensure that the certain price floors were maintained.
Nurses’ Salary Class Action to Move Forward
August 16, 2010 – 2:49 pm
Northern District of NY Judge Thomas McAvoy denied the defendants’ motion to dismiss for failure to state a claim, holding that the allegationsof information exchanges and surpressed wages was sufficient to permit a jury to find both collusive activity and actual anticompetitive effects. The court also denied the one unionized hospital’s motion to dismiss on non-statutory labor […]