In Mayor and City Council of Baltimore et al. v. Citigroup Inc. et al., Second Circuit Court of Appeals ruled against a class of auction-rate securities investors and in favor of UBS AG and other top banks, finding that the banks’ simultaneous abandonment of the $330 billion ARS market before the financial crisis was a […]
Author Archives: Steve Semeraro
Antitrust Enforcement Agencies Oppose Use of Arbitration Clause to Block Class Actions
March 19, 2013 – 1:21 pm
In American Express Co. et al. v. Italian Colors Restaurant et al., the U.S. Supreme Court will decide whether an arbitration agreement can legitimately include a waiver of the right to class adjudication. The Department of Justice, Antitrust Division, and the Federal Trade Commission have filed a brief arguing that the provision improperly prevents parties […]
AAI Supports Notice of Patent Transfers
March 19, 2013 – 1:19 pm
The American Antitrust Institute has joined those urging the U.S. Patent and Trademark Office to require companies transferring patents to make a public filing providing notice of the transaction. In November, the USPTO concluded that “[a]n incomplete ownership record . . . presents a significant barrier to competition and market efficiency.” The AAI concurred in […]
Jury Awards $400 Million In Price Fixing Urethane Foam MDL
February 26, 2013 – 4:30 pm
In In re: Urethane Antitrust Litigation,Kansas federal jury awarded $400 million to a class of purchasers in multidistrict litigation against the Dow Chemical Co. and other chemical manufacturers, finding the companies conspired to fix the price of urethane foam, used in many types of cushions. The litigation, which was consolidated in 2008, accused chemical companies […]
Court Dismisses Steel Sheet Antitrust Suit
February 26, 2013 – 3:07 pm
In Stanislaus Food Products Co. v. USS-Posco Industries et al., Eastern District of California Judge Lawrence J. O’Neill granted U.S. Steel Corp., USS-Posco Industries and other steelmakers’ motion for summary judgment in a suit filed against them by tomato cannery Stanislaus Food Products Co. Stanislaus’ suit alleged that the defendants struck a deal in 2006 […]
DOJ Expands Its Investigation Into Auto Industry’s Price Fixing and Bid Rigging
February 26, 2013 – 2:23 pm
A criminal investigation into price-fixing and bid rigging in the auto parts industry between 2000 and 2010, conducted by the U.S. Department of Justice, Japan Fair Trade Commission, and antitrust officials in Europe, has expanded, according to DOJ’s deputy assistant attorney, Scott Hammond. The probe, which previously involved a number of products including automatic wire […]
Court Denies Interlocutory Appeal Request in Cathode Ray Tubing Antitrust MDL
February 25, 2013 – 12:45 pm
In In re: Cathode Ray Tube (CRT) Antitrust Litigation, Northern District of California Judge Samuel Conti rejected Samsung Electronics Co. Ltd. and other electronic makers’ request for an interlocutory appeal of a ruling that indirect purchasers of allegedly price-fixed cathode ray tubes could pursue antitrust claims under an exception to the U.S. Supreme Court’s Illinois […]
Eighth Circuit Denies Grocery Wholesalers’ Bid for Arbitration of Antitrust Claims
February 25, 2013 – 12:11 pm
In In re: Wholesale Grocery Products Antitrust Litigation, Eighth Circuit Court of Appeals allowed certain retailers to pursue their claims against SuperValu Inc. and C&S Wholesale Grocers Inc., instead of forcing them to go to arbitration. Several retailers are each trying to bring class action antitrust claims against either SuperValu or C&S over an agreement […]
Pennsylvania Governor Sues NCAA Over Sanctions Against Penn State
February 25, 2013 – 9:05 am
In Commonwealth of Pennsylvania, Thomas W. Corbett Jr., Governor v. National Collegiate Athletic Association, Pennsylvania’s governor, Thomas W. Corbett filed suit against NCAA, claiming the NCAA’s sanctions against Pennsylvania State University (“Penn State”) in response to the sexual abuse scandal surrounding former assistant football coach Jerry Sandusky, violated antitrust laws and would cause dire economic […]
Refusal to Deal on Patent Licensing Case Dismissed
February 25, 2013 – 9:03 am
In Cascades Computer Innovation LLC v. RPX Corp, Northern District of California Judge Yvonne Gonzalez Rogers dismissed with leave to amend an antitrust case by Cascades Computer Innovation alleging that several Android device makers had conspired to refuse to deal with it. Cascades alleged that the companies agreed that none of them would engage in […]