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 […]
Category Archives: State Antitrust Law
California Supreme Court refuses to grant review in predatory pricing Suit
January 17, 2011 – 12:12 am
Several Antitrust Claims Dismissed In An Antitrust Multi-District Suit Against Plush Web Toy Supplier
October 25, 2010 – 2:21 pm
Update October 2010: Judge Richard Seeborg has taken over the case and rejected Ganz’s motion to dismiss the plaintiff’s amended complaint. The court held that the amended complaint includes specific allegations of anticompetitive effects, such as the alternate suppliers who the plaintiffs had stopped buying from as a result of the defendant’s tying practices, which […]
Conspiracy to Inflate Auto Insurance Rates Not Exempt From Challenge
September 30, 2010 – 10:44 am
Update September 2010: The Ninth Circuit has denied rehearing. The Ninth Circuit has reversed the dismissal of a putative class action alleging that major auto insurers conspired to use inferior repair parts while telling their customers that they were providing premium repair service that would return cars to “pre-loss” condition. As a result of the conspiracy, […]
New York Court Holds that State May Challenge Home Appraisal Conspiracy
August 19, 2010 – 1:52 pm
A New York state appellate court has held that the state may challenge on antitrust grounds alleged collusion between First America Corp. and Washington Mutual. The defendants had argued that the state challenge was preempted by federal regulation. The court held that the regulation does not extend to collusion relating to appraisals.
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 […]
New York AG Sues Intel
November 5, 2009 – 3:54 pm
In a case mirroring claims that lend to a fine in the European Union in excess of $1 billion, the state of New York has filed an antitrust action alleging that Intel improperly monopolized the computer chip market by paying rebates to computer makers to keep them from dealing with Intel competitor AMD. The gist of the […]
Enforcement Agencies Continue to Challenge Patent Infringement Reverse Payments
August 1, 2009 – 12:15 pm
Update August 2009: The House Energy and Commerce Committee has approved a bill banning reverse payment settlements and granting the FTC authority to oversee settlements. Similar legislation is pending in the Senate. The FTC and the state of California have filed suit challenging reverse payment settlements of patent disputes involving the testosterone supplement AndroGel. The […]
Tomato Packer Alleges Vertical Price Fixing by Can Manufacturer
April 23, 2009 – 6:05 pm
In Stanislaus Food Products Co. v. USS-Posco Industries, tomato packer Stanislaus Food Products Co., accused steelmaker USS-Posco Industries (UPI) of engaging in a vertical price fixing scheme with Silgan – a can manufacturer, to restrain the steel and tin trade. The complaint filed in the Northern District of California alleges that 1) Silgan, who is not named in […]
Florida AG Joins Auto Filter Cartel Follow-on Actions
April 23, 2009 – 5:50 pm
In In re: Aftermarket Filters Antitrust Litigation, Florida’s attorney general launched an action alleging violaitons of federal and state antitrust laws, against nine of the biggest manufacturers of automotive filters in the U.S, including Honeywell International, alleging that through numeous secret meetings among its top executives, the defendant companies schemed to maintain inflated prices for oil, air, fuel, […]
FTC Challenges Drug Acquisitions
January 4, 2009 – 3:27 pm
The FTC, along with the state of Minnesota, has sued Ovation Pharmaceuticals, arguing that the drug company acted anticompetitively in aquiring over the course of several months in 2005 and 2006 the only two drugs available in the US to treat a certain congenital heart defects. It acquired Indocin in August 2005, while a potentially competitive drug, […]