In Catro M.D. PA v. Sanofi Pasteur Inc., New Jersey District Court Judge Jose L. Linares granted medical practitioners’ motion to dismiss Sanofi Pasteur Inc.’s antitrust counterclaim in a proposed class action that claims Sanofi pushed anti-competitive contract restrictions onto vaccine customers. In their suit, plaintiffs allege that Sanofi is cornering the market on pediatric […]
Category Archives: Predatory Pricing
Court Denies Summary Judgment in Flat Glass Window Price-Fixing Suit
November 28, 2012 – 11:10 am
In Jeld-Wen Inc. v. AGC America et al., Western District of Pennsylvania Judge Donetta W. Ambrose denied AGC America Inc. and Guardian Industries Corp.’s motion for summary judgment, allowing door and window manufacturer Jeld-Wen Inc. to present its price-fixing claims to the jury. Jeld-Wen sued AGC and five other flat glass manufacturers, claiming that between […]
Failed Solar Panel Company Alleges Anticompetitive Dumping into US Market
November 13, 2012 – 12:37 pm
In Solyndra LLC v. Suntech Power Holdings Co. et al., bankrupt solar power company Solyndra filed an antitrust action in a Northern District of California alleging that Suntech Power Holdings Co. Ltd. and two other Chinese companies conspired to drive American manufacturers from the market. Solyndra, which is famous for failing after having received a […]
Conditioning Rebates on Percentage Purchased May Violate the Antitrust Laws Even If Prices are Above Cost
October 30, 2012 – 11:32 am
In ZF Meritor v. Eaton Corp., a divided panel of the Third Circuit upheld a jury verdict in favor of the plaintiff truck transmission manufacturer against its competitor Eaton Corp. The complaint alleged that Eaton violated the antitrust laws by entering agreements with each large truck manufacturer that contained the following provisions: (1) Conditional rebate […]
Baseball Fans Launch Antitrust Suit Over Internet and TV Baseball Game Packages
May 16, 2012 – 12:06 pm
In Garber et al. v. Office of the Commissioner of Baseball et al., a group of baseball fans launched a putative class action against Major League Baseball Enterprises Inc., the Office of the Commissioner of Baseball, several baseball clubs, and several cable and Internet providers, including Comcast and Directv LLC, claiming their live-game video offerings […]
Resale Price Maintenance Agreements Held To Be Legal In New York
May 16, 2012 – 12:04 pm
In People of the State of New York et al. v. Tempur-Pedic International Inc., New York state appeals court upheld a dismissal of the state’s suit against Tempur-Pedic International Inc., claiming that Tempur-Pedic’s policy forbidding retailers of its products from setting their prices below the range set out by the company’s guidelines, constitutes illegal resale […]
First Circuit Revives U-Haul Price-Fixing Suit
May 16, 2012 – 12:02 pm
In Liu et al. v. Amerco et al., First Circuit Court of Appeals vacated the dismissal of a putative class action brought against U-Haul International, Inc., alleging that it invited its rival, Avis Budget Group, Inc., to collude on truck rental prices. In her suit, plaintiff claimed that U-Haul’s unfair and deceptive practices caused her […]
Kansas Supreme Court Saves Fashion Accessories Price-Fixing Suit
May 16, 2012 – 11:59 am
In O’Brien et al. v. Leegin Creative Leather Products Inc., Kansas Supreme Court overturned a state district court decision to grant Brighton Collectibles, a unit of Leegin Creative Leather Products Inc., summary judgment in the state antitrust consumer class action suit. In their suit, the plaintiffs allege that Brighton’s policy, requiring all of its retailers […]
Court Allows Price-Fixing Conspiracy Claims Against LCD Panel Makers To Move Forward
April 30, 2012 – 12:54 pm
In Jaco Electronics Inc. v. AU Optronics Corp. et al., Northern District of California Judge Susan Illston denied a motion to dismiss, filed by NEC Corp., and other LCD panel makers, allowing Jaco Electronics Inc.’s, antitrust lawsuit to move forward. Jaco’s suit is part of multidistrict litigation over a massive LCD price-fixing conspiracy, alleging that […]
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, […]