In Suture Express Inc. v. Cardinal Health Inc. et al., Kansas District Court Judge Richard D. Rogers dismissed portions of Suture Express Inc.’s $200 million antitrust suit against units of Cardinal Health Inc. and Owens & Minor Inc. In its suit, plaintiff accused the defendants of predatory pricing and tying, in their sale of wound […]
Category Archives: Tying Claims
Court Trims $200 million Wound Closure Product Antitrust Suit
August 20, 2013 – 3:18 pm
By Steve Semeraro
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Also posted in Standard for Alleging Conspiracy, State Antitrust Law, US Federal Courts
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Plaintiffs Fail to Allege that Health Care Provider Monopolized Market
July 12, 2013 – 4:14 pm
In Sidibe et al. v. Sutter Health et al., Northern District of California Judge Laurel Beeler dismissed without prejudice a proposed class action alleging that Sutter Health restrained competition in medical services. The plaintiffs alleged that Sutter thwarted competition and increased its dominance by imposing tying and exclusive dealing arrangements on health plans that required them to […]
By Steve Semeraro
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Also posted in Exclusive Dealing, Section 2 Standards, US Federal Courts
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Court Denies Move to Dismiss Cable Set-Top Box Antitrust Class Action
January 24, 2013 – 1:49 pm
In In re: MDL 2048 Cox Enterprises Inc. Set-Top Cable Television Box Antitrust Litigation, Western District of Oklahoma Judge Robin J. Cauthron denied a motion to dismiss a proposed class action by Oklahoma City customers against Cox Communications Inc. In this suit, originally filed as part of a nationwide multidistrict class action litigation, Cox customers […]
Antitrust Case Contends SESAC Should Be Subject to Same Requirements as ASCAP & BMI
November 16, 2012 – 4:16 pm
In Radio Music Licensing Committee Inc. v. SESAC Inc. et al., plaintiffs have filed suit in the Eastern District of Pennsylvania alleging that performing rights organization SESAC Inc. monopolized thousands of songs and charged supra-competitive royalties for blanket licenses. The case is the second antitrust challenge to these licensing practices. The plaintiff alleges that SESAC […]
By Steve Semeraro
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Also posted in Copyright Issues, Section 2 Standards, US Federal Courts
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European Commission Cracks Down on Microsoft in Browser Case
October 22, 2012 – 10:25 am
EU Competition Commissioner Joaquin Almunia has reported that the European Commission will charge Microsoft for failing to comply with a 2009 Commission order requiring the software giant to offer a “choice screen” to Windows users enabling them to select a browser from a list that included non-Microsoft options. Beginning in 2011, Microsoft began violating the […]
No Unlawful Tying Arrangement Found In Auto-Theft System Suit
July 18, 2012 – 3:08 pm
In McGarvey et al. v. Penske Automotive Group Inc. et al., the Third Circuit refused to reinstate a proposed class action against Penske Automotive Group Inc., finding consumers failed to establish that the warranty on a vehicle anti-theft system included an unlawful tying arrangement. The warranty in question provided that in the event a vehicle […]
Class Action Alleging that eBay Ties PayPal Payment Service to Its Auction Service to Move Forward
June 20, 2012 – 5:11 pm
In Smith v. eBay Inc. et al, Northern District of California Judge Jeffrey White denied E-bay’s motion to remove the plaintiffs’ tying claims from a putative class action accusing eBay of precluding sellers from using alternatives to PayPal. The plaintiffs allege that eBay effectively precluded them from using Google’s checkout system, which charges lower merchant […]
Property Management Software Maker Is Subject to Tying Claims Concerning Cloud Services
March 2, 2012 – 3:54 pm
Central District of California federal judge Otis D. Wright II denied RealPage Inc.’s, a property management accounting software seller, motion to dismiss a defensive claim that an accounting software vendor illegally tied its software by prohibiting customers from using competitors’ cloud database systems. RealPage filed the counterclaims in Yardi Systems Inc.’s lawsuit against it, which […]
Photo Lab Repair Servicer Loses Bid to Enjoin Fujifilm North America’s Work for Rite Aid Photo Labs
March 2, 2012 – 3:53 pm
District of Oregon federal judge Michael H. Simon denied Retail Imaging Management Group’s emergency motion for a temporary restraining order against Fujifilm North America’s repair services at Rite Aid photo labs, finding no strong evidence that Fujifilm engaged in exclusionary pricing by bundling services, including Rite Aid’s call center service work, at below cost in […]
Second Circuit Again Rejects Enforceability of American Express Merchant Arbitration Agreement Class Action Waiver
March 2, 2012 – 3:44 pm
The Second Circuit Court of Appeal has held, for the third time, that American Express Co. cannot enforce an arbitration agreement containing a class action waiver against a group of merchants pursuing antitrust claims despite the U.S. Supreme Court’s recent ruling in AT&T Mobility v. Concepcion. The appeals court found that Concepcion — in which […]