An Eastern District of New York jury found that CareCore National and owners of CareCore radiology practice engaged in anticompetitive practices. In 2008, the plaintiff, a group of New York Stand-Up MRI PC radiology practices, sued alleging that CareCore and other radiology practices conspired to prevent the plaintiff from becoming participating network providers of MRI […]
Category Archives: Concerted Refusal to Deal
Case Accusing Mastiff Breeders of Price Fixing Dismissed
August 19, 2010 – 1:06 pm
District of Ohio Judge George Smith dismissed an antitrust case against the American Mastiff Breeders Council by a former member. The plaintiff alleged that the council violated the antitrust laws by setting capping the price that could be charged for puppies and by excluding the plaintiff from the organization. The court held that the plaintiff […]
Magazine Distribution Boycott Case Dismissed
August 17, 2010 – 10:42 am
Southern District of NY Judge Paul Crotty dismissed a suit filed by bankrupt magazine wholesaler Anderson News against magazine publishers, including Time, Rodale, and American Media. The case arose out of a decision by Anderson to impose a 7% surcharge on magazines to discourage suppliers from shipping excess copies. Rather than accept the surcharge, a […]
Home Oil Case Dismissed for Lack of Evidence of Conspiracy
October 15, 2009 – 11:52 am
In Willow Creek Fuels Inc. v. Farm & Home Oil Co. et al., Eastern District of Pennsylvania Judge C. Darnell Jones II has dismissed antitrust claims brought by bankrupt Willow Creek Fuels Inc. in a $25 million lawsuit accusing a former supplier Farm & Home Oil Co., of breaking distribution contracts, merging with a Willow […]
Redbox Vertical Boycott Allegations Against Universal to Proceed
August 20, 2009 – 4:11 pm
In Redbox Automated Retail LLC v. Universal Studios Home Entertainment LLC et al., Delaware District Court Judge Robert B. Kugler allowed Redbox Automated Retail LLC to proceed with its antitrust allegations against Universal Studios Home Entertainment LLC, while dismissing Redbox’s misuse of copyright and interference with contract allegations. Judge Kugler found that Redbox had sufficiently […]
Former NCAA Athletes Sue for Publicity Rights
August 7, 2009 – 11:40 am
A class of former NCAA athletes has filed suit in the Northern District of California alleging that the NCAA rule requiring athletes to convey their publicity rights during their days as student athletes to the NCAA in perpetuity constitutes a concerted refusal to negotiate a revenue sharing agreement with the athletes.
RealNetworks Files Antitrust Counter-claim re: DVD Copying
May 22, 2009 – 1:53 pm
In RealNetworks Inc. et al. v. DVD Copy Control Association Inc et al. and Universal City Studios LLP et al. v. Real Networks Inc. et al., RealNetworks filed a counterclaim against the movie studios accusing them of violating the Sherman Act by 1) forming an illegal cartel with fellow defendant, the DVD Copy Control Associaion […]
DOJ Proposes Settlement with SC Realtors
May 8, 2009 – 1:42 pm
In May 2008, the DOJ sued the Consolidated Multiple Listing Service of Columbia, S.C., alleging that the operators of the service violated Section 1 of the Sherman Act by 1) requiring applicants for membership to discuss the nature of their businesses with a committee of incumbent members who had the power to deny membership to […]
Sherman Act Challenge in Pittsburgh Health Care Market
April 27, 2009 – 3:22 pm
West Penn Allegheny Health Systems filed suit in Western Pennsylvania District Court, against Pittsburgh’s dominant hospital system, UPMC, and Highmark Inc., the city’s dominant health insurer, accusing both defendants of violating Sections 1 and 2 of the Sherman Act, by conspiring to monopolize and an attempting to monopolize Pittsburgh’s healthcare market. According to the complaint, since at […]