The Ninth Circuit Court of Appeal has affirmed the dismissal of antitrust claims against television programmers and pay–TV providers who market bundled cable and satellite TV programming. The proposed class action accused the defendants, who include NBC, Comcast, DirecTV and others, of harming consumers by bundling popular programs with less desirable content, forcing consumers to […]
Category Archives: Tying Claims
Antitrust Claims Challenging TV Program Bundling Fail
July 20, 2011 – 2:32 pm
By Steve Semeraro
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Also posted in Bundled Discounts, Section 2 Standards, US Federal Courts
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Hospital’s Tying Claims Against Blood Products Maker Amgen Rejected for Lack of Standing
July 20, 2011 – 2:20 pm
The Third Circuit held that because it is not a direct purchaser, a Pennsylvania hospital lacks standing to represent a class of purchasers accusing Amgen Inc. of violating federal antitrust laws by tying pharmaceutical rebates to purchases of its anemia drug Aranesp. Hospital Warren General filed its putative class action in September 2009, alleging Amgen […]
By Steve Semeraro
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Also posted in Bundled Discounts, Indirect Purchaser Issues, US Federal Courts
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Bundled Discount on Blood Cell Growth Factor Products Dismissed
June 30, 2011 – 11:16 am
Update January 2011: The Third Circuit affirmed the district court’s holding that the hospital was not a direct purchaser under Illinois Brick and therefore lacked standing under Section 4 of the Clayton Act. This decision may be erroneous for at least two reasons. First, the Illinois Brick rule prohibits indirect purchasers from recovering damages for […]
By Steve Semeraro
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Also posted in Bundled Discounts, Indirect Purchaser Issues, US Federal Courts
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Shopping Bag Tying Claim Against Harley-Davidson Lives On
May 15, 2011 – 2:29 pm
Update May 2011: The court has granted summary judgment for Harley-Davidson on the ground that it is permitted to protect its rights in its trademark by limiting the companies that may sell bags bearing the Harley mark. In Packaging Supplies Inc. v. Harley-Davidson Inc., Northern District of Illinois Judge Robert M. Dow Jr. refused […]
SESAC Music Licensing Antitrust Attack to Move Forward
May 12, 2011 – 11:46 am
Southern District of NY Judge Naoimi Buckwald denied a motion to dismiss filed by SESAC LLC in a case filed by several television stations. The plaintiffs allege that SESAC acted anticompetitively in offering copyright licenses to songs only on a blanket license all or nothing basis. SESAC is one of three copyright licensing organizations that […]
By Steve Semeraro
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Also posted in Copyright Issues, Section 2 Standards, US Federal Courts
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Coin Graders Case Against E-bay Dismissed
May 12, 2011 – 11:35 am
Northern District of California Judge Ronald Whyte dismissed a case by small coin grading service against E-bay and five large grading services. The complaint alleged that the defendants agreed that the five services would be favored on E-bay, restraining the ability of smaller grading services to complete. The court held that the allegations were insufficient […]
By Steve Semeraro
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Also posted in Section 2 Standards, Standard for Alleging Conspiracy, US Federal Courts
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Merchant Fee Case Against AmEx to Move Forward
May 12, 2011 – 10:25 am
The Second Circuit has reaffirmed its decision that a merchant class action challenging the fees that American Express charges merchants to accept its cards can move forward. The merchants argued that AmEx unlawfully tied the acceptance of its charge cards to acceptance of its credit cards. Although the merchants are willing to pay a premium […]
By Steve Semeraro
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Also posted in Arbitration Issues, Section 2 Standards, US Federal Courts
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Key Cutting Machine Monopolization Case to Move Forward
May 11, 2011 – 5:24 pm
Northern District of Ohio Judge David Dowd refused to dismiss antitrust claims filed by automatic key-cutting machine manufacturer Hy-Ko Products, Inc., and the leading key-cutting machine manufacturer, the Hillman Group, and the leading supplier of blank keys, Kaba Ilco, Corp. The plaintiff alleges that the defendants, acting separately and in concert, used their market power […]
By Steve Semeraro
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Also posted in Bundled Discounts, Cartel Activity, Patent Litigation, Section 2 Standards, US Federal Courts
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Cable Companies May Be Illegally Tying Set-top Boxes to Premium Cable
April 1, 2011 – 3:47 pm
Update April 2011: The cable set top box litigation continues to expand. Western District of Kentucky Judge Joseph McKinley refused to dismiss a case against Insight Communications, alleging that the company required customers to rent a set top box in order to receive certain premium channels that r In two recent cases, federal judges have […]
Travel Content Exclusive Dealing Case to Move Forward
August 12, 2010 – 2:29 pm
Florida District Court Judge Cecilia M. Altonaga permitted ICE Portal’s antitrust case against VFM Leonargo to move forward. The two companies produce enhanced photographs and video content for travel websites. Although the court dismissed claims that the defendant’s acquisition of Leonardo Media competitively injured ICE Portal, it allowed claims alleging illegal tying and exclusive dealing […]
By Steve Semeraro
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Also posted in Antitrust Standing, Exclusive Dealing, Merger Review, US Federal Courts
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