Despite the U.S. Supreme Court’s decision three years ago to eliminate the per serule against resale price maintenance, the state of the law remains in flux primarily because some state antitrust enforcers continue to aggressively pursue RPM arrangements under state law. Recent examples include New York’s prosecution of Tempur-Pedic International and California’s case against DermaQuest Inc. […]
Category Archives: US State Courts
Unity Of Purpose Saves Parent Company From A Verdict Of Conspiracy With Subsidiaries
December 2, 2009 – 10:18 am
In Princeton Insurance Agency Inc. et al. v. Erie Insurance Co. et al., West Virgina Supreme Court of Appeals overturned a $4.2 million jury verdict against Erie Indemnity Co., ruling that the decision by Erie and its subsidiaries to terminate a contract with Princeton Insurance Agency did not constitute restraint of trade under the Sherman […]
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 […]
Monopolization Claims Relating to Video Football to Proceed
August 31, 2009 – 9:48 am
In Pecover et al. v. Electronic Arts Inc., Northern District of California Judge Vaughn Walker refused to throw out Sherman Act and California’s Cartwright Act claims in a proposed consumer class action alleging that Electronic Arts Inc.’s exclusive licenses with various football leagues have “killed off” competition for its Madden series of football games, which […]
Fifth Circuit Dismisses Group Boycott Claim on Statute of Limitations Grounds
April 24, 2009 – 10:47 am
Rx.com, an internet drug supplier, argued that wholesalers engaged in an anticompetitive group boycott to exclude internet suppliers that would pose competition to their mail order businesses. The alleged boycott began in 2000, but the case was not filed until 2004, more than the 4 yeat statute of limitations period. The court held that the […]
Patented/Generic Drug Manufacturers Settle Patent/Antitrust Suit
April 22, 2009 – 1:46 pm
Teva, owner of patents covering the active ingredient in the drug Coreg, and Glenmark, which had sought to introduce a generic version of the drug have settled their differences and submitted a stipulation of dismissal in their District of New Jersey case. When the primary patent on Coreg expired in 2007, a number of companies […]
New Mexico Appellate Court Reinstates Price Fixing Claim Against Some Tobacco Companies
November 23, 2008 – 7:53 pm
A New Mexico appellate court in Romero v. Philip Morris, et al. reversed a summary judgment ruling in favor of tobacco companies, reinstating a price fixing claim. Relying on the plaintiffs’ expert, the court held that the allegations were sufficient to support a conspiracy claim. The plaintiffs alleged that that tobacco companies altered the pricing policies in […]
Kansas Sues Drug Makers For Price Inflation
October 28, 2008 – 3:01 pm
In another in a line of cases challenging drug company pricing practices, Kansas has sued a number of major drug companies for allegedly overcharging its Medicaid program by reporting higher average wholesale prices than it actually charged. The case has been filed in state court.
Paying Drug Company Not to Release Generic May Violate the Antitrust Laws
September 8, 2008 – 11:43 am
Update September 2009: The California State Courts have granted summary judgment in favor of Barr in a case brought under that state’s antitrust laws by indirect purchasers challenging the reverse payment settlement in conjunction with the drug Cipro. The state court cited the Federal Circuit’s opinion holding that reverse payment settlement’s ordinarily did not violate […]