The Third Circuit reversed the dismissal of a Section 1 claim brought by West Penn Allegheny Health Systems, Inc. against the University of Pennsylvania Medical Center (UPMC). West Penn alleged that UPMC used its power in the health care provider market to protect Highmark, an insurance carrier, from competition. In exchange, the plaintiffs allege that […]
Category Archives: Standard for Alleging Conspiracy
Vertical Price Fixing Dismissal Upheld on Appeal
January 17, 2011 – 12:14 am
The 11th Circuit upheld the dismissal of a proposed class-action against Tempur-Pedic North America Inc., ruling that the allegations did not meet the Twombly plausibility standard. The court held that the plaintiffs failed to (1) plead a relevant market; (2) sufficiently allege that unreasonable restraint of trade was created by Tempur-Pedic’s vertical resale price maintenance agreement; […]
State Law Damages Claims Preempted in RR Fee Fixing Class Action
January 7, 2011 – 2:18 pm
Update December 2010: The U.S. Supreme Court denied certiorari on the preemption issue. Update January 2009: The court dismissed the indirect purchasers’ state law claims, holding that they were preempted by the Staggers Rail Act. Under Federal antitrust law, indirect purchasers may seek injunctive relief but not damages. Many state antitrust laws, by contrast, permit indirect […]
Attack on MPEG Patent Pool Dismissed
December 14, 2010 – 1:39 pm
Update December 2010: The court again dismissed the complaint, holding that Nero’s amended complaint still failed to allege sufficient facts to back up its allegations. Nero asserted that it would appeal the decision. Central District of CA Judge Mariana Pfaelzer dismissed Nero AG’s monopolization case against the MPEG video compression technology patent for failing to […]
Robinson-Patman Act Case Based on Discriminatory Shipping Policies to Move Forward
November 11, 2010 – 5:43 pm
Western District of Washing Judge Richard Jones dismissed the Sherman Act claims, but permitted a Robinson-Patman Act claim to go forward. The plaintiff, Gorlick Distribution Centers alleged that defendant Allied Exhaust Systems agreed with supplier Car Sound Exhaust Systems to refuse to ship to Gorlick in the Pacific Northwest because of its price cutting activities. […]
Sulfutic Acid Conspiracy Case to Move Forward
October 14, 2010 – 1:45 pm
Northern District of Ill Judge David Coar has refused to dismiss a claim that sulfuric acid manufacturers responded to shocks to the market with an agreement to reduce output and fix prices. The court did dismiss the case with respect to GAC on the ground that the complaint contained insufficient allegations that it was a […]
Auto Parts Price Discrimination Case Dismissed
October 14, 2010 – 12:12 pm
Southern District of NY Judge Richard Howell has dismissed, without prejudice, a price discrimination case alleging that major auto-parts manufacturers discriminated in favor of large retailers, Wal-mart and Autozone. The court dismissed the complaint on the ground that the allegations that the large retailers retail prices were lower than the wholesale price paid by the […]
Gulf of Mexico Helicopter Services Case Dismissed
October 14, 2010 – 9:47 am
District of Delaware Judge Legrome Davis has dismissed a putative class action alleging that the three dominant helicopter services providers in the Gulf of Mexico had agreed to increase prices. The court held that the complaint failed to sufficiently allege that the helicopter companies entered an agreement.
Milk Monopolization Case to Move Forward
August 31, 2010 – 4:17 pm
Vermont District Court Judge Christina Reiss refused to dismiss attempted monopolization claims filed by dairy farmers against the Dairy Farmers of America, Inc. and Dean Foods Co. Although questions remained about the product market and whether the statute of limitations was met, the court found the allegations sufficient to move forward. The court did dismiss […]
Class Action Alleges Price Fixing in the Sale of Optical Disc Drives
August 31, 2010 – 3:17 pm
Classes of direct and indirect purchasers have filed suit in the Northern District of California alleging that optical disc drive manufacturers have violated the antitrust laws. The complaint alleges that the defendants agreed to charge higher prices and rig electronic auctions to ensure that the certain price floors were maintained.