In IGT v. Alliance Gaming Corp. et al., Federal Circuit Court of Appeals affirmed the dismissal of Bally Gaming Inc.’s antitrust claim accusing International Game Technology of filing patent lawsuits to corner the market for spinning-wheel bonus game slot machines. The appeal stems from a patent infringement lawsuit filed by IGT, accusing Bally of violating certain […]
Category Archives: market definition
New Group of Student-Athlete Plaintiffs Allege Market in Student Athlete Labor
November 17, 2012 – 12:36 pm
In Rock v. National Collegiate Athletic Association, a class of former college athletes filed suit in the Southern District of Indiana arguing that they have corrected the defects in a prior case and alleged facts sufficient to establish a relevant antitrust market in student athlete labor. The complaint alleges that the NCAA restrained competition in […]
Avery Dennison & 3M Scrap Division Purchase Plans
November 7, 2012 – 11:54 am
After initially indicating that they would restructure their deal in light of Department of Justice antitrust concerns, Avery Dennison Corp. and 3M Co. have now decided to abandon 3M’s proposed purchase of Avery Dennison’s office and consumer products business division. The DOJ claimed that the deal would eliminate 3M’s main rival and give the giant […]
Court Dismisses Putative Antitrust Class Action Over Imaging Drug
September 21, 2012 – 1:35 pm
In PharmaRx Pharmaceutical Inc v. GE Healthcare Inc et al., Central District of California Judge Mariana R. Pfaelzer dismissed a radiopharmacy owner’s putative antitrust class action against Cardinal Health Inc. and GE Healthcare Inc., ruling the plaintiff had failed to plead its antitrust and conspiracy claims with enough specificity. In its complaint, plaintiff alleged that […]
Court Overturns Jury Verdict and Dismisses Cleaning Antitrust Suit
September 20, 2012 – 2:16 pm
In United National Maintenance Inc. v. San Diego Convention Center Corp. Inc., Southern District of California Judge dismissed a suit accusing San Diego Convention Center (SDC) of monopolizing cleaning services during trade shows and interfering with a janitorial vendor’s contract. The dispute began after the SDC enacted a policy requiring all cleaning services at trade […]
Seventh Circuit Dismissed Antitrust Suit Against NCAA
July 2, 2012 – 4:51 pm
In Agnew et al. v. NCAA, the Seventh Circuit dismissed a proposed price-fixing class action against the NCAA. In October 2010, the name plaintiff, a former Rice University football player, filed a Sherman Act claim, alleging that NCAA member institutions ran a degree price-fixing scheme. For years, the complaint alleges, the schools agreed that they […]
Direct Purchaser Multidistrict Antitrust Litigation Over Milk Prices Dismissed
March 30, 2012 – 9:51 am
In Food Lion LLC et al. v. Dean Foods Co et al., Eastern District ofTennessee Judge J. Ronnie Greer, granted defendants’ Dean Foods Co., Dairy Farmers of America, Inc., and others’, motion for summary judgment, thereby dismissing a direct purchaser multidistrict antitrust litigation over milk prices. In their suit, the retail sellers of processed milk, […]
Non-Compete Agreement That Restricts Competitor’s Entry Into the Market Violates Antitrust Laws
March 23, 2012 – 10:11 am
In C-E Mineral Inc. v. Carbo Ceramic Inc., Northern District ofGeorgia Judge J. Owen Forrester granted C-E Mineral Inc.’s motion for a preliminary injunction barring Carbo Ceramics Inc. from enforcing an eight-year-old non-compete provision in a supply contract to restrict C-E’s sales of rival ceramic proppants. The injunction is part of a C-E’s declaratory suit […]
Mainframe Resale Suit Tossed by the Court For Lack of Showing of Harm to the Mainframe Market
March 20, 2012 – 8:42 pm
In QGSI Inc. v. IBM Global Financing et al., Southern District of Florida Judge Kenneth L. Ryskamp, granted a motion to dismiss a case filed by a reseller of computer mainframes. QSGI Inc. sued IBM Corp. alleging that IBM violated Florida’s Antitrust and Deceptive and Unfair Trade Practices Acts by engaging in monopolistic business practices […]
FTC Challenges Lundbeck Drug Acquisition in Eighth Circuit
August 31, 2011 – 10:27 am
Update August 2011: The Eighth Circuit affirmed, holding that the FTC failed to show that the lower court’s findings of fact were clearly erroneous. In particular, the court held that the FTC failed to show that the hospitals actually paying for the drugs in question directly influenced the doctors’ choice of which drug to prescribe. […]