The Department of Transportion has joined the European Union in granting antitrust immunity to a partnership arrangement between American Airlines, British Airways and Iberia LAE. Called the OneWorld Alliance, the DOT and EU believe that the arrangement will reduce fares and create additional non-stop options for transatlantic flights. It will also provide additional competition for […]
Category Archives: Exemptions
Tax Preparation E-filing Agreement Exempt From Antitrust Scrutiny
March 18, 2010 – 1:21 pm
The Third Circuit held that an agreement among tax preparers, including Intuit, H&R Block Digital Tax Solutions, and the Free File Alliance with the IRS limiting the number of free e-filers to 50% of all taxpayers could not violate the antitrust laws because it constituted exempt petitioning of a government agency. The court rejected the plaintiffs’ claim that an […]
Second Circuit Dismisses Title Insurance Price Fixing Case
February 12, 2010 – 4:32 pm
The Second Circuit has affirmed the dismissal of a putative class action alleging price fixing among title insurers. The plaintiffs alleged that the insurers manipulated the states-rate setting process to include agency commissions in their insurance rates. Relying on the filed rate doctrine, the Second Circuit held that the state regulators were sufficiently active to […]
Labor Part of Union Subsidies Case Is Affirmed, Antitrust Part Will Go To Trial
December 10, 2009 – 10:04 am
In American Erectors Inc. et al. v. Local Union No. 7, Massachusetts District Court Judge Richard G. Stearns handed down an order denying Local No. 7 of the International Association of Bridge, Structural, Ornamental & Reinforcing Iron Workers’ motion for judgment notwithstanding the verdict, largely affirming the jury verdict in the labor portion of a […]
Energy Crisis Antitrust Suit Is Not Barred By The Commodity Exchange Act
October 27, 2009 – 12:32 pm
In In re: Western States Wholesale Natural Gas Antitrust Litigation, District of Nevada Judge Philip M. Pro denied defendants’ bid for a judgment on the pleadings, ruling that antitrust claims against more than a dozen companies in the Western States Wholesale Natural Gas case, which stems from the 2000-2001 energy crisis, are not barred by […]
MP3 Maker Claim Against Apple Dismissed
October 6, 2009 – 12:56 pm
In Luxpro Corp. v. Apple Inc., Western District of Arkansas Judge Harry F. Barnes handed down an order dismissing Taiwanese MP3 player maker Luxpro Corp.’s claims against Apple Inc., for attempted common law monopolization and for interfering with Luxpro’s business partners by sending letters demanding that they cease all business relations with Luxpro and filing groundless litigation. The […]
DOT Approves Continental Antitrust Immunity Over DOJ Objection
July 16, 2009 – 5:40 am
The Department of Justice, Antitrust Division, recommended against granting antitrust immunity to Continental Airline’s joining the Star ATI Alliance. It contended that Continental’s business arrangements with Star partners should be subject to antitrust scrutiny. Nevertheless, the Department of Transportation has exercised its authority to grant the immunity.
Capper-Volstead Act Does Not Shield Mushroom Cooperative With Non-grower Member
April 12, 2009 – 5:50 pm
In In re: Mushroom Direct Purchaser Antitrust Litigation, Eastern District of Pennsylvania Judge Thomas N. O’Neill denied a summary judgment motion filed by defendants, who were members of the Eastern Mushroom Marketing Cooperative Inc. Defendants’ motion claimed that as a cooperative, they were shielded from Sherman Act liability by the Capper-Volstead Act. The Court rejected defendants’ argument […]