Northern District of California Judge James Ware refused to dismiss a putative class action alleging that California auto insurers violated the Cartwright Act, California’s antitrust statute, by conspiring to require auto repair shops to use inferior replacement parts. The case had been twice dismissed and then revived by the 9th Circuit on standing and insurance […]
Category Archives: State Action Immunity
The FTC Rules that NC Dental Board is Subject to Antitrust Law
April 15, 2011 – 1:21 pm
The Federal Trade Commission denied a motion to dismiss their administrative suit against the North Carolina State Board of Dental Examiners (the “Board”), finding that the state-action doctrine does not render the Board immune from the administrative antitrust proceeding. The FTC alleged that the Board violated the Sherman Act when they required that teeth whitening […]
ECJ Rules German Sports Gambling Monopolies Illegal
October 12, 2010 – 3:14 pm
The European Court of Justice has ruled that German State sports gambling monopolies are unjustifiable because they do not “consistently and systematically” confront risks involved in gambling. The monopolies were held to violate EU law because their advertising campaigns pursued maximum profits rather than the public interest reason for their monopoly status, combating crime or gambling addiction.
Seventh Circuit Upholds Wisconsin Minimum Gas Pricing Regulation
October 5, 2010 – 3:10 pm
The Seventh Circuit overturned an injunction prohibiting Wisconsin from enforcing its minimum gas pricing regulations and remanded with instruction to enter judgment for the state. The plaintiff, Flying J, alleged that the minimum pricing scheme led to a horizontal cartel among gas retailers to raise the price of gas. The trial court sided with Flying […]
California Travel & Tourism Board Dismissed From Rental Car Conspiracy Case
August 19, 2010 – 1:47 pm
The Ninth Circuit affirmed the dismissal of the California Tourism Board from a suit alleging anticompetitive agreements by rental car companies to set ancillary fees. Plaintiffs alleged that after a new law placed an assessment on rental car companies to help fund the tourism board, the state board conspired with the rental car companies to […]
First Circuit Rejects Airport Fuel Sale Claim on State Action Grounds
July 26, 2010 – 3:43 pm
The First Circuit has rejected an antitrust claim alleging that the Barnstable Municipal Airport Commission improperly monopolized the sale of jet fuel at the airport. The court held that the Commission’s conducted was exempted from antitrust scrutiny by the state action doctrine.
State Regulations Limiting Medical Procedures to Certain Hospitals Upheld
May 28, 2010 – 11:05 am
Judge Edward Shea, E.D. Washington, granted judgment on the pleadings in a case challenging Washington State Department of Health regulations restricting the number of hospitals that provide angioplasties. The court held that regardless of the competitive effects regulations they are exempt from antitrust scrutiny by the state action doctrine.
Second Circuit Holds NYC Immune From Antitrust Challenge on Pay Phone Restrictions
December 9, 2009 – 11:46 am
The Second Circuit has upheld a trial court decision rejecting The New Phone Co.’s challenge to a New York City ordinance that regulates pay phone installation on public property. (The city claims no authority to regulate pay phone installation on private property.) The plaintiff alleged that because Verizon had locked up all of the good […]
Insurance Fee Setting Protected by Filed Rate Doctrine
October 15, 2009 – 12:27 pm
In In Re: New Jersey Title Insurance Litigation, New Jersey District Court Judge Garrett E. Brown Jr. has tossed an antitrust action that accused more than a dozen major title insurers of conspiring with a New Jersey rating bureau to fix prices. In urging dismissal the defendants maintained that the plaintiffs’ claims were barred by […]
Court Permits Antitrust Attack on County Imposition of Exclusive Ambulance Territories
October 1, 2009 – 2:18 pm
In Patriot Ambulance Service Inc. et al. v. Genesee, County of et al., and Swartz Ambulance Service Inc. v. Genesee County of et al., Eastern District of Michigan Judge Marianne O. Battani dismissed several defendants and the monetary damages claims, but permitted federal antitrust claims to proceed. Two ambulance service companies’ are challenging a Michigan county’s ordinance dividing […]