In In re: TFT-LCD Flat Panel Antitrust Litigation, Northern District of California Judge Susan Ilston, denied plaintiffs’ motion for partial summary judgment, ruling that Florida law allows the defendants to use the “pass-on” defense, in a multidistrict litigation over price-fixing on liquid crystal display panels. The suit, which was brought in October 2010, against AU […]
Category Archives: State Antitrust Law
Court Rejects Double Recovery Claim In LCD Antitrust MDL
January 28, 2013 – 11:42 am
In Rockwell Automation Inc v. AU Optronics Corporation et al., Northern District of California Judge Susan Illston rejected LG Display Co. Ltd.’s argument that Rockwell Automation Inc.’s state price-fixing claims would lead to duplicative recovery in the multidistrict litigation over liquid crystal display panels. LG brought counterclaims and affirmative defenses against Rockwell’s Wisconsin state law […]
California Supreme Court Refused to Hear Pharmacies’ Price-Fixing Case
December 27, 2012 – 2:56 pm
In Clayworth v. Pfizer, the California Supreme Court denied a petition to rehear a consolidated antitrust suit, filed by a group of pharmacies, accusing Pfizer Inc., GlaxoSmithKline PLC and other drugmakers of conspiring to inflate drug prices in the U.S. and keeping lower-priced Canadian drugs off the market. The defendants originally won at the trial […]
California Appeals Court Refuses to Revive Pharmacies’ Price-Fixing Suit
August 31, 2012 – 1:02 pm
In Clayworth v. Pfizer, California Appeals Court for the First Appellate District upheld a grant of summary judgment to more than a dozen major pharmaceutical companies and the industry group Pharmaceutical Research and Manufacturers of America. In the consolidated antitrust suit, a group of pharmacists alleged that Pfizer Inc., GlaxoSmithKline PLC, and other drugmakers violated […]
Arbitration Denied in Digital Voice Service Antitrust Suit
August 31, 2012 – 10:04 am
In Fromer v. Comcast Corp. et al., District of Connecticut Judge Stefan Underhill denied Comcast Corp.’s request to send a customer’s putative class action antitrust suit to arbitration, holding that under the Second Circuit’s ruling in American Express III, the waiver is void because plaintiff can show that the class action waiver in the arbitration […]
Puerto Rico Court Denies Motion to Dismiss Cable Company’s Antitrust Suit
August 20, 2012 – 10:19 am
In Puerto Rico Telephone Co. Inc. v. San Juan Cable LLC d/b/a OneLink Communications, Puerto Rico District Court Judge Gustavo A. Gelpi denied San Juan Cable LLC’s motion to dismiss Puerto Rico Telephone Co. Inc.’s suit accusing the company of violating federal and Puerto Rico antitrust by filing numerous lawsuits against PRTC to prevent it […]
Sixth Circuit Affirms Dismissal of Title Insurance Price Fixing Suit
August 6, 2012 – 7:40 pm
In Jordan Katz et al. v. Fidelity National Title Insurance et al., the Sixth Circuit affirmed the dismissal of a consolidated class action accusing 22 title insurers of conspiring with an Ohio rating bureau to fix prices. In their suit, plaintiffs claimed that the title insurers violated the Sherman Act and Ohio’s Valentine Act when […]
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 […]
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 […]
State Argued For Broad Prohibition of Resale Price Maintenance Under State Law
May 1, 2012 – 4:48 pm
In People of the State of New York v. Tempur-Pedic International Inc., New York State is appealing a decision dismissing a case challenging Tempur-Pedic’s policy of informing retailers that it stop selling to them, with limited exceptions, if they undercut the mattrace manufacturer’s suggested retail price. Although federal antitrust law permits such a policy, the […]