Update December 2010: The U.S. Supreme Court declined to grant a writ of certiorari. Update June 2010: The Third Circuit has affirmed the juries decision in favor of the defendant on the ground that the plaintiffs failed to prove a relevant market. In a Delaware U.S. District Court case, the jury found for the defendant […]
Category Archives: Section 2 Standards
US Supreme Court Denies Cert, Upholding Decision that Tennis Tournament Restructuring Was Not Anticompetitive
December 2, 2008 – 1:14 am
Attempt to Monopolize Suit Filed by Hawaiian
November 23, 2008 – 7:55 pm
Mokulele Air sued Mesa Airlines in Arizona Federal District Court alleging that Mesa has taken steps to monopolize the market for inter-island air travel in Hawaii. The complaint alleges predatory pricing, misuse of confidential information, and other improper tactics designed to drive Mokulele from the market.
Case Against Sham Challenge to Generic Drug Goes to Trial
November 21, 2008 – 11:05 am
Southern District of NY Judge Harold Baer ruled that an antitrust action against Sanofi-Aventis for filing an allegedly baseless citizent petition to block approval of generic versions of rheumatoid-arthritis drug leflunomide. The plaintiff, Louisiana Wholesale Drug Co. argues that the petition was filed with the intent to delay approval, and that it had the intended […]
OCR Software Monopolization Claim Dismissed
November 18, 2008 – 11:42 am
In response to a patent infringement suit, Abbyy USA Software House alleged that the dominant provider of OCR software Nuance Communications was attempting to monopolize the OCR software market by entering exclusive agreements with equipment manufacturers and retails and by buying up its competitors patents. The court found an insufficient factual basis for allegations of […]
Fraudulent Agreement to Inflate Drug Prices Not Anticompetitive
October 17, 2008 – 11:07 am
On August 26, 2008, a District of Massachusetts Federal District Court dismissed an antitrust class action challenging an agreement between McKesson, a drug wholesaler, and First Databank, a publisher of drug prices, to inflate the average whole price and thus the price paid by insurer providers to pharmacists. Relying on the U.S. Supreme Court’s decision […]
Blue-ray Chip Manufacturer Sues over Licensing of Audio Standard
October 10, 2008 – 12:43 pm
Zoran Corp., a manufacturer of chip sets used to make Blue-ray DVD players, has filed a monopolization case against DTS, Inc., licensor of the technology used to encode audio on Blue-ray discs. Zoran argues that DTS is obligated by the Blue-ray standard setting agreement to license the technology and fair, reasonable, and non-discriminatory terms. Zoran argues that DTS […]
IPhone Antitrust Litigation to Proceed
October 9, 2008 – 4:55 pm
Judge James Ware, U.S. Dictrict Court for the District of California, denied Apple and AT&T’s motions to dismiss a putative class action alleging that Apple violated Section 2 of the Sherman Act by monopolizing the market for aftermarket iphone applications. The complaint alleges that Apple notified iphone users that downloading third-party applications would void the phone’s […]
Court Denies Lockheed Martin Motion to Dismiss
October 2, 2008 – 11:44 am
L-3 Communications, a refurbisher of propeller aircraft manufactured by Lockheed Martin, has alleged that the manufucturer has engaged in anticompetitive practices such as denying L-3 access to government owned tooling and suggesting to potential customers that dealing with L-3 would lead to legal problems. A Northern District of Texas court has denied Lockheed’s motion to […]
DOJ & FTC Squabble Over Section 2 Guidelines
September 10, 2008 – 10:46 am
After a series of joint meetings to help clarify enforcement standards for single firm conduct, the Department of Justice, Antitrust Division, issued a report on its own. Three FTC Commissions almost immediately critisized the report as going to far in insulating single firm conduct from antitrust scrutiny. To read the report, click here.
Case Alleges that SmithKline Beecham Anticompetitive Delayed Generic Flonase
August 25, 2008 – 11:54 am
July 2009: In a case brought by Roxane Laboratories, Judge Anita Brody, Eastern District of Pennsylvania, denied SKB’s motion to dismiss after the plaintiff amended the complaint to allege specific reasons to believe that it’s ANDA would have been approved for generic Flonase were it not for SKB’s strategically filed consumer complaints. Roxane alleged that it […]