In Oncology Tech Inc. v. Elekta Inc. et al., Western District of Texas Judge Harry Lee Hudspeth dismissed antitrust claims asserted by medical device maker, Oncology Tech Inc., against Impac Medical Systems Inc., holding that the lawsuit did not sufficiently establish that Impac monopolized the market for a radiation therapy component used to treat cancer. […]
Author Archives: Steve Semeraro
Second Circuit Rules that Former Telecom Monopolists Must Cut Network Interconnection Rates for Smaller Competitors
May 13, 2013 – 4:25 pm
In Southern New England Telephone v. Palermino et al., the Second Circuit ruled that former telecommunications monopolists including an AT&T Inc. subsidiary, Southern New England Telephone Co., must offer lower, regulated rates for network interconnection services to smaller carriers and new entrants into the field. In November 2009, Southern New England Telephone filed the present […]
FTC Gets Another Chance to Challenge $195 Million Hospital Merger
May 13, 2013 – 3:39 pm
In Federal Trade Commission v. Phoebe Putney Health Systems inc. et al., the Eleventh Circuit granted Federal Trade Commission’s motion to remand its challenge of Phoebe Putney Health System Inc.’s $195 million acquisition of a nearby rival, back to the district court, to decide whether to stop the hospitals from further integrating their operations. In […]
Court Allows Lost Baggage Bid-Rigging Suit to Proceed
April 25, 2013 – 2:15 pm
In Expedite Inc. v. Plus Bags Cars & Serv LLC et al., Oregon District Judge John V. Acosta declined to dismiss a bid-rigging lawsuit brought by lost baggage delivery service, Expedite Inc., against its rival Plus Bags Cars & Serv LLC. Expedite accuses Plus of taking over a bidding service called DSI and using confidential […]
Minor League Baseball Does Not Share MLB’s Antitrust Exemption
April 24, 2013 – 4:10 pm
In Jim Evans Academy of Professional Umpiring Inc. v. The National Association of Professional Baseball Leagues Inc. et al., a Florida state court refused to rely on the baseball antitrust exemption to dismiss the plaintiff umpiring school’s complaint alleging that Minor League Baseball violated the state’s antitrust laws by revoking the school’s accreditation to train […]
Court Dismisses Multi-user Monopolization Case Against Microsoft
April 23, 2013 – 12:32 pm
In MiniFrame Ltd. v Microsoft Corp, Southern District of New York judge Richard J. Sullivan dismissed the plaintiff’s case, concluding that Microsoft’s Windows licensing rules and entry into the multi-user market did not constitute anti-competitive conduct and predatory pricing. MiniFrame provides a service that enables multiple users to access a single PC. It argued that […]
Ninth Circuit Reinstates Restitution Claim Against Executive Convicted of Antitrust Violations
April 23, 2013 – 12:31 pm
In The Morning Star Packing Co. LP et al. v. U.S. District Court, Eastern District of California, the United States Court of Appeals for the Ninth Circuit held that the lower court had improperly denied a request for restitution by Morning Star under the Mandatory Victim Restitution Act (MVRA). The plaintiff claimed that it was […]
Google Competitors Express Concern about the Company’s Application for Domain Names
April 22, 2013 – 10:21 am
Several of Google’s competitors have lodged complaints with the Internet Corporation for Assigned Names and Numbers urging it to reject Google’s applications for domain names such as “.search.”; .fly”; and “.map,” Similar complaints were previously lodged when Amazon.com Inc. sought the domain name “.book.” FairSearch.org — a group that includes Microsoft Corp., Expedia Inc. and […]
Supreme Court Blocks Tactic Intended to Keep Class Actions in State Court
April 22, 2013 – 10:18 am
In The Standard Fire Insurance Co. v. Greg Knowles, the United States Supreme Court held unanimously that named plaintiffs in a purported class action cannot bar federal jurisdiction by seeking less than $5 million in damages. Under the Class Action Fairness Act (CAFA), an action seeking more than $5 million in damages triggers federal court […]
Supreme Court Rejects Class Treatment Based on Damages Calculation
April 19, 2013 – 12:44 pm
In Comcast Corp. et al. v. Caroline Behrend et al, the United States Supreme Court held that the Third Circuit improperly failed to consider the class’s proposed damages model before certifying the class. In a split decision, the majority held that lower courts must consider the merits before certifying a class, when necessary, to ensure […]