In Evergreen Partnering Group Inc. et al. v. Pactiv Corp. et al., the U.S. Court of Appeals for the First Circuit held that in a refusal-to-deal case a plaintiff can survive a motion to dismiss by alleging the basic contours of a plausible conspiracy. The plaintiff alleged that a group of defendants conspired not to […]
Category Archives: Concerted Refusal to Deal
Court May Not Rely on Defendant’s Allegation of Unilateral Conduct to Dismiss at Pleading Stage of a Conspiracy Case
September 22, 2013 – 9:08 am
Court Denies Motion to Dismiss Steel Distributor’s Boycott Suit
January 29, 2013 – 11:22 am
In MM Steel LP v. Reliance Steel & Aluminum Co. et al., Southern District of Texas Judge Kenneth M. Hoyt, denied a motion to dismiss a suit filed by MM Steel LP, a steel distributor, accusing a group of steel distributors and producers of conspiring to boycott MM Steel and drive it from the market. […]
College Athlete Likeness in Video Game Case to Move Forward
May 30, 2012 – 4:24 pm
In re: NCAA Student-Athlete Name & Likeness Licensing Litigation, Northern District of California Judge Claudia Wilken denied Electronic Arts Inc. motion to dismiss multidistrict antitrust litigation alleging that it conspired to deny compensation to former college athletes for use of their likenesses in video games. Plaintiffs claim that the NCAA wrongly prohibits college players from […]
Class Challenges to South Carolina Real Estate Listing Services to Move Forward
May 30, 2012 – 4:22 pm
The Fourth Circuit has upheld the district court’s refusal to dismiss Robertson v. Sea Pines Real Estate. The case involves putative class actions alleging that South Carolina real estate listing services and brokerages conspired by enacting and enforcing rules that prohibited cost-saving innovative brokerage practices and thereby increased prices. In particular, the complaint attacks rules […]
Sirius/XM Launches Antitrust Attack on Music Licensors
April 3, 2012 – 2:11 pm
Sirius/XM has filed suit in New York federal court against SoundExchange, Inc., a copyright collective that represents thousands of labels and artists. The plaintiff asks the court to dissolve SoundExchange or put in place a long-term oversight program. The suit comes amid negotiations over rates that the Copyright Royalty Board (CRB) will set for a […]
Sixth Circuit Reinstates Claims for Continuing Conspiracy in Restraint of Carpet Trade
July 1, 2011 – 1:16 pm
The Sixth Circuit revived an antitrust suit brought by Tennessee carpet dealer Watson Carpet & Floor Covering Inc. alleging rival dealer Carpet Den Inc. and supplier Mohawk Industries Inc. have conspired for more than a decade to force Watson out of business. The appeals court reversed the lower court’s ruling that Watson Carpet had failed […]
Antitrust Claims by Student Athletes Against EA Sports Game Maker Dismissed
June 1, 2011 – 8:01 am
California District Court Judge Claudia Wilken dismissed claims that the video game company EA sports joined in a conspiracy with the NCAA and The Collegiate Licensing Co. to deny student athletes royalties on the use of the players names and images in video games. The plaintiffs had argued that EA Sports interaction with the NCAA in […]
California Auto Insurer Parts Conspiracy Case to Move Forward
May 31, 2011 – 1:53 pm
Northern District of California Judge James Ware refused to dismiss a putative class action alleging that California auto insurers violated the Cartwright Act, California’s antitrust statute, by conspiring to require auto repair shops to use inferior replacement parts. The case had been twice dismissed and then revived by the 9th Circuit on standing and insurance […]
Refusal to Deal Claim Based on Denial of Lab Accreditation to Move Forward
January 28, 2011 – 10:02 am
Middle District of Tennessee Judge William J. Haynes Jr rejected a motion to dismiss K&S Associates Inc. claim that members of the American Association of Physicists in Medicine conspired to deny its lab the accreditation that it needed to operate. For 27 years, K&S has operated one of three U.S. dosimetry calibration laboratories with AAPM […]