Northern District of California Judge Ronald Whyte dismissed a case by small coin grading service against E-bay and five large grading services. The complaint alleged that the defendants agreed that the five services would be favored on E-bay, restraining the ability of smaller grading services to complete. The court held that the allegations were insufficient […]
Category Archives: Standard for Alleging Conspiracy
Iowa Cement Conspiracy Case Dismissed
May 12, 2011 – 10:37 am
Northern District of Iowa Judge Mark Bennett dismissed a case filed by contractors and other plaintiffs against Iowa cement companies alleging a broad agreement to fix prices. Plaintiffs supported the conspiracy allegations by pointing to plea agreements in criminal cases in which executives at the cement companies admitted price fixing. The court found, however, that […]
California Drug Price Fixing Case Dismissed
May 11, 2011 – 5:16 pm
California Supreme Court Judge Stephen A. Brick dismissed a complaint filed by a group of pharmacies alleging that several drug manufacturers had conspired to increase drug prices. The case was initially dismissed on the ground that the pharmacies would have passed on any overcharge to their customers, but the California Supreme Court reversed that holding. […]
First Circuit Rejects Martha’s Vineyard Gas Price Fixing Case
May 11, 2011 – 3:48 pm
The First Circuit has upheld summary judgment in favor of four gas stations on Martha’s Vineyard that were accused of fixing prices. The complaint alleged that the prices on the island were substantially higher than those in near by Cape Cod. The court found that transportation costs could explain the price difference, and the gas […]
LendingTree Denied Motion to Dismiss Antitrust Suit
April 15, 2011 – 1:34 pm
District of New Jersey Judge Susan D. Wigenton denied LendingTree’s motion to dismiss BanxCorp’s antitrust claims against it, finding that BanxCorp’s complaint contained sufficiently detailed factual allegations regarding a 2007 partnership between LendingTree and Bankrate Inc. BanxCorp, a bank-rate website company, alleged that LendingTree conspired with Bankrate to fix prices and control the online bank-rate […]
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 […]
Montana State Antitrust Dispute Resolved on Summary Judgment
January 22, 2011 – 6:26 pm
District of Montana Judge Richard F. Cebull dismissed state antitrust claims filed by Montana Camo brought under the state’s Unfair Trade Practices Act, granting Cabela’s motion for summary judgment. The plaintiff supplied camouflage clothing and licensed clothing designs to Cabela’s until disagreements arose over pricing. Montana Camo claims that Cabela’s violated state antitrust law by (1) […]
Summary Judgment Granted on Sherman Act Claim in Universal Distribution Case
January 18, 2011 – 9:33 pm
Eastern District of New York Judge Roslynn Mauskopf granted summary judgment on the Sherman Act claim brought by a pair of video distributors against Universal Music & Video Distribution Corp., Ingram Entertainment Inc., and VPD IV Inc. Judge Mauskopf adopted Magistrate Judge Joan Azrack’s report and recommendation, which outlined how plaintiffs had failed to expose […]
Federal Jury Levies $11.3 Million Verdict Against CareCore
January 17, 2011 – 10:39 am
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 […]
New Evidence of Price-Fixing Agreement Reopens Oil Rig Helicopter Case
January 17, 2011 – 10:37 am
District of Delaware Judge Jerome D. Davis has reopened a putative class action against some of the largest providers of offshore helicopter flights to oil rigs located in the Gulf of Mexico. Plaintiff, Superior Offshore Inc., filed an amended complaint that included new evidence of a price-fixing agreement from a confidential witness. Plaintiffs allege PHI […]