In Minn-Chem Inc. et al. v. Agrium Inc. et al., the Seventh Circuit reversed a panel decision dismissing a suit against potash producers allegedly involved in a cartel. The en banc panel found that, under the Foreign Trade Antitrust Improvements Act (FTAIA), there was a sufficient connection between the alleged plot involving foreign producers and […]
Category Archives: US Federal Courts
En banc Seventh Circuit Revives Potash Case, Interpreting FTAIA as Non-Jurisdictional
July 2, 2012 – 4:37 pm
Arbitration Rejected in Private E-books Case
July 2, 2012 – 4:34 pm
In In re: Electronic Books Antitrust Litigation, multi-district litigation, Southern District of New York Judge Denise Cote rejected publisher Penguin Group’s motion to compel arbitration for plaintiffs who purchased e-books from Amazon or Barnes & Noble, both of which contain arbitration clauses in their purchase agreements. The complaint accuses Penguin and other publishers of fixing […]
Third Circuit Antitrust Exemption Does Not Require Close Scrutiny by Rate Regulators
July 2, 2012 – 4:33 pm
The Third Circuit, through a panel including retired U.S. Supreme Court Justice Sandra Day O’Connor, relied on the filed-rate doctrine to hold that a rate-setting agency need not closely scrutinize a rate application in order to trigger an exemption from the antitrust laws. The homeowner plaintiffs had argued that New Jersey and Delaware title insurers […]
Distributors, Not Hospitals & Clinics, are the Direct Purchasers of Hypodermic Products
June 20, 2012 – 5:12 pm
In In re: Hypodermic Products Antitrust Litigation, the Third Circuit held that the direct purchasers of Becton Dickinson & Co.’s hypodermic products are the company’s distributors and not health care providers. The providers therefore lack standing to pursue federal class action antitrust damages claims against the medical technology company. The court relied on several factors […]
TV Broadcasters Must Rely on Copyright to Pursue Rebroadcaster
May 30, 2012 – 4:25 pm
Southern District of New York Judge Alison J. Nathan dismissed the plaintiffs’ unfair competition claim in a suit by TV broadcasters seeking to stop Aereo Inc. from streaming video in WNET et al. v. Aereo Inc. The court held that the federal Copyright Act’s express preemption provision bars unfair competition claims under state law. The […]
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 […]
Publishers Settle State E-book Litigation
May 30, 2012 – 4:19 pm
Southern District of New York Judge Denise L. Cote stayed multidistrict litigation against HarperCollins Publishers LLC and Hachette Book Group Inc. after the two publishers agreed to settle with the 15 states and Puerto Rico that had filed antitrust claims similar to those filed by the United States Department of Justice, Antitrust Division, against Apple […]
Baseball Fans Launch Antitrust Suit Over Internet and TV Baseball Game Packages
May 16, 2012 – 12:06 pm
In Garber et al. v. Office of the Commissioner of Baseball et al., a group of baseball fans launched a putative class action against Major League Baseball Enterprises Inc., the Office of the Commissioner of Baseball, several baseball clubs, and several cable and Internet providers, including Comcast and Directv LLC, claiming their live-game video offerings […]