In Conroy v. Fresh Del Monte Produce Inc. et al., California First District Court of Appeal upheld the denial of class certification in a case filed by direct and indirect purchasers, accusing Fresh Del Monte Produce Inc. of securing a patent for a variety of pineapple that it knew to be unpatentable and subsequently using […]
Category Archives: Predatory Pricing
Vehicle Lights Pricing Conspiracy Suit Gets the Green Light
March 20, 2012 – 3:31 pm
In U.S. v. Hsu, Northern District of California Judge Richard Seeborg, denied a motion brought by defendants Eagle Eyes, E-Lite Automotive, Inc., and two top Eagle Eyes’ executives, to dismiss an indictment against them for conspiring to fix prices for replacement vehicle lights. According to the indictment, defendants participated in the conspiracy to set rates […]
Predatory Pricing Claims Could Not Be Supported in the Army Camouflage Monopoly Suit
March 19, 2012 – 3:12 pm
In GMA Cover Corp. v. Saab Barracuda LLC, U.S. District Court for the Eastern District of Michigan Judge Mark A. Goldsmith adopted U.S. Magistrate Judge Paul J. Komives’ report, tossing a suit that accused Saab Barracuda LLC of manipulating prices of camouflage nets it sold the U.S. Army. In its suit, Saab’s rival, GMA Cover […]
Novir Lawsuits Sent to Jury
January 26, 2011 – 5:01 pm
Northern District of California’s Judge Claudia Wilken denied plaintiff’s motions for summary judgment sending several lawsuits against Abbott Laboratories to the jury. Plaintiffs allege that Abbott raised the price of its HIV drug Norvir in order to protect a separate drug, Kaletra, from competition. Judge Wilken said that the case could go forward on theories […]
California Supreme Court refuses to grant review in predatory pricing Suit
January 17, 2011 – 12:12 am
The California Supreme Court refused to grant review, upholding a $21 million verdict against SF Weekly as a result of predatory pricing. Bay Guardian Co. Inc. had alleged that SF Weekly used profits from out-of-region papers to sell ad space below cost. The Defendants had appealed to the 1st Appellate District arguing that […]
California Appeals Court Distinguishes Federal Law in Upholding Predatory Pricing Verdict
August 19, 2010 – 12:54 pm
In a predatory pricing case between rival newspapers, a California state appellate court affirmed most of the verdict favoring the plaintiff. It rejected the defendant’s argument that the plaintiff had failed to show that the defendant could recoup its losses. The court held that although federal antitrust law requires a recoupment standard, California state law […]
Futures Exchange Predatory Pricing Claim Dismissed
August 12, 2010 – 2:13 pm
Northern District of Illinois Judge James B. Zagel dismissed U.S. Futures Exchange’s predatory pricing claim against the Chicago Board of Trade and the Chicago Mercantile Exchange on the ground the that plaintiff had failed to show that the reduced fees were below cost as required by the antitrust laws. The court held that the fees […]
No Price Fixing Conspiracy in Text Message Price Fixing Case
May 26, 2010 – 6:35 pm
Update May 2010: The court has held that the plaintiffs more detailed amended complaint property alleges a conspiracy. The amended complaint alleges that the defendants used the Wireless Internet Caucus to facilitate price fixing agreements with respect to text messages, including specific dates and executives who attended the meetings. Although the defendants argued that the […]
Court Rejects Attempt to Dismiss Novir Antitrust Suit
February 8, 2010 – 5:51 pm
Update September 2010: The Ninth Circuit has denied Abbott’s petition for writ of mandamus seeking the dismissal of the antitrust claims against it. In Rite Aid Corp. et al. v. Abbott Laboratories; and Safeway Inc. et al. v. Abbott Laboratories, Northern California District Judge Claudia Wilken denied Abbott’s omnibus motion to dismiss plaintiffs’ claims based […]
Price-Fixing Suit Against DSM Rubber Units To Move Forward
January 7, 2010 – 12:03 pm
In In re: Ethylene Propylene, District of Connecticut Judge Stefan R. Underhill refused to dismiss antitrust allegations against two subsidiaries of multinational manufacturing company Royal DSM NV, alleging that the defendants fixed the price of ethylene propylene diene monomer synthetic rubber used in the auto and roofing industries. The Court rejected the defendants’ contentions that […]