The Eleventh Circuit has ruled that Palmyra Hospital has suffered antitrust injury and is an efficient plaintiff to challenge competitor Phoebe Hospital’s leveraging of a state granted certificate of need (“CON”) to exclude Palmyra, which does not have a certificate, from providing services to Blue Cross customers that do not require a CON.
Category Archives: Tying Claims
Datel Case Challegning Microsoft’s Xbox Restrictions to Proceed
May 27, 2010 – 2:40 pm
Judge Elizabeth Laporte, Northern District of California, dismissed Datel’s monopolization claim but allowed its other antitrust claims to proceed against Microsoft. The monopolization claim was dismissed on standing grounds because Datel does not compete in the multiplayer gaming market and Microsoft’s monopolization of the market would help Datel. Claims based on Microsoft’s update of the […]
Philips Antitrust Counterclaims Against Masimo Postponed Until After Patent Infringement Trial
May 25, 2010 – 2:18 pm
Update April 2010: The court denied Philips motion to reconsider and responded to Philips’ argument that it could not make its patent misuse defense without discovery on the antitrust claims by bifurcating and staying discovery on Philips patent misuse as well. Update March 2010: The court has agreed to postpone consideration of Philips antitrust counterclaims pending […]
By Steve Semeraro
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Also posted in Bundled Discounts, Patent Litigation, Section 2 Standards, US Federal Courts
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Cable Box Monopolization Case Against Time Warner
March 15, 2010 – 2:37 pm
Update March 2010: A number of similar cases were consolidated in the Southern District of New York. Judge P. Kevin Castel ruled that the tying allegations were insufficient because cable TV purchasers had an alternative to the cable box for most purposes and thus the element of coercion was not met. The plaintiffs were given […]
Microsoft Proposes Offering Windows Purchasers a Choice of Browser
March 5, 2010 – 4:43 pm
Update March 2010: Microsoft has begun to implement the settlement offering customers a choice of web browsers. Update December 2009: The EC & Microsoft reached a final settlement in which Microsoft agreed for 5 years to offer a choice screen with each copy of Windows 7, Vista, or XP offering customers a choice among the […]
8th Circuit Affirms that Amway’s Conduct with Distributors Not Anti-competitive
January 12, 2010 – 11:51 am
Update January 2010: The U.S. Supreme Court denied certiorari, refusing to review the case. In Nitro Distributing Inc. et at. v. Alticor Inc. et al., the Eigth Circuit Court of Appeals affirmed a judgment that Amway’s unique network marketing business model did not unfairly restrict competition among the individual contractors that distribute its product. […]
By Steve Semeraro
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Also posted in Section 2 Standards, Standard for Alleging Conspiracy, US Federal Courts
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Ninth Circuit Upholds SJ In Pulse Oximetry Medical Device Case
January 7, 2010 – 10:24 am
Upate January 2010: The Ninth Circuit has again ruled in favor of Tyco in a putative class action filed by Applied Orthopedic Appliances alleging that Tyco had sought to monpolize the medical device market. The appellate court affirmed summary judgment in favor of Tyco. In Masimo Corp. v. Tyco Health Care Group LP et al., Ninth […]
Dairy Cooperative Accused of Tying Access to Milk Bottling Plants
October 27, 2009 – 12:36 pm
In Allen et al. v. Dairy Farmers of America Inc. et al., Northeastern dairy farmers have filed a class action in the Vermont District Court against Dairy Farmers of America Inc., alleging DFA and Dean Foods Co. have collaborated in a price-fixing scheme and have monopolized distribution of fluid milk in the Northeast by trying up access […]
By Steve Semeraro
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Also posted in Cartel Activity, Concerted Refusal to Deal, US Federal Courts
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Federal Circuit to Revisit Sony/Philips Recordable CD Agreement Claim
October 15, 2009 – 3:31 pm
Update October 2009: The Federal Circuit has granted Philips request for en banc review of its earlier decision overturning the ITC decision that Sony and Philips had not unlawfully conspired to restrain trade. The Federal Circuit has reversed an ITC decision rejecting a claim that Sony and Philips conspired to restrain competition in the development […]
By Steve Semeraro
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Also posted in Patent Litigation, Standard Setting, US Federal Courts
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Court Looks to Competitive Printer Market in Dismissing Ink Monopolization Claim
October 15, 2009 – 12:13 pm
In Xerox Corp. v. Media Sciences International Inc. et al., Southern District of New York Judge Richard Holwell granted Xerox Corp.’s motion to dismiss remaining counterclaims that it maintained an unfair monopoly on the market for the ink used in its printers, in a patent infringement suit it brought against Media Sciences Inc. Though Media […]