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 harm […]
Author Archives: Steve Semeraro
Court Dismisses Drugmaker’s Counterclaim in Vaccine Class Action Suit
January 22, 2013 – 2:21 pm
In Catro M.D. PA v. Sanofi Pasteur Inc., New Jersey District Court Judge Jose L. Linares granted medical practitioners’ motion to dismiss Sanofi Pasteur Inc.’s antitrust counterclaim in a proposed class action that claims Sanofi pushed anti-competitive contract restrictions onto vaccine customers. In their suit, plaintiffs allege that Sanofi is cornering the market on pediatric […]
EU General Court Upholds Ban on Payment Card System Fees Against New Issuing Members
January 21, 2013 – 6:26 pm
The EU General Court has ruled that a French bank card group imposed anticompetitive fees on new entrants. The decision upheld a 2007 European Commission decision banning the charges because they inhibited smaller banks from offering discounted card programs. The defendant contended that the fees were necessary to its payment system and that the EC […]
Claim that Facebook Stole Advertising Customers Dismissed
January 21, 2013 – 6:25 pm
In Sambreel Holdings LLC et al. v. Facebook Inc., Southern District of California Judge Cathy Ann Bencivengo dismissed without prejudice a case brought by Sambreel Holdings LLC, online advertising display company, accusing Facebook of anticompetitively stealing ad business. The plaintiff helps businesses design a Facebook presense that incorporates the clients’ own website images. The complaint […]
Taxi Monopolization Claims Dimissed, But Merger Claims to Move Forward
January 16, 2013 – 4:13 pm
In Association of Taxicab Operators USA et al. v. Yellow Checker Cab Co. of Dallas/Fort Worth Inc. et al., Northern District of Texas Judge David C. Godbey dismissed price-fixing and predatory pricing claims against several defendants, but denied the a defendant’s request for antitrust immunity and let some merger and price fixing claims move forward. […]
Drug Patent Settlements May Include Provisions in Which the Patent Holder Agrees Not to Introduce Its Own Generic Version of the Drug
January 15, 2013 – 12:51 pm
In Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. et al., District of New Jersey Judge William H. Walls dismissed a putative class action against leading drug makers alleging that the patent holder improperly promised not to introduce its own generic version of the drug as part of a settlement delaying the entry of […]
EU High Court Upholds Fine Against Drug Company Improperly Blocking Generic Competition
January 15, 2013 – 12:49 pm
In AstraZeneca v. Commission, the European Court of Justice upheld a €52.5 million ($68 million) abuse of dominance fine against AstraZeneca. The EC had fined the drug maker for manipulating the applicable regulatory systems in order to block generic versions of the defendant’s ulcer drug Losec. The Commission found that the company provided misleading information […]
US Supreme Court to Decide Whether Reverse Payment Settlements Between Patented and Generic Drug Manufacturers Violate the Antitrust Laws
January 15, 2013 – 12:48 pm
In Federal Trade Commission v. Watson Pharmaceuticals Inc., the US Supreme Court will review the Federal Trade Commission’s finding that Solvay Pharmaceuticals Inc. and several generic drug makers violated the antitrust laws by agreeing that Solvay would pay the generic companies to forestall challenges to the patent protecting its popular testosterone-replacement drug AndroGel. The FTC […]
Federal Circuit Court Dismisses Slot Machine Antitrust Claims
December 27, 2012 – 4:15 pm
In IGT v. Alliance Gaming Corp. et al., Federal Circuit Court of Appeals affirmed the dismissal of Bally Gaming Inc.’s antitrust claim accusing International Game Technology of filing patent lawsuits to corner the market for spinning-wheel bonus game slot machines. The appeal stems from a patent infringement lawsuit filed by IGT, accusing Bally of violating certain […]
Court Certifies Class of Direct Purchasers in Chocolate Price-Fixing Suit
December 27, 2012 – 3:51 pm
In In re: Chocolate Confectionary Antitrust Litigation, Middle District of Pennsylvania Judge Christopher C. Conner, certified a class of direct chocolate purchasers in price-fixing multidistrict litigation against Nestle USA Inc., The Hershey Co., and Mars Inc. Despite limited guidance from the Third Circuit on the level of evidence required to determine whether the testimony of […]