The Antitrust Division has sued to block of merger of VeriFone and Hypercom, manufacturers of point of sale credit and debit card reader. The two U.S. companies currently compete with French-based Ingenico in what is essentially a three competitor market. The Division alleges that the 3-2 merger would raise prices for retailers purchasing POS card […]
Category Archives: US Federal Courts
DOJ Sues to Undo Sale of Chicken Processing Plant
June 1, 2011 – 9:02 am
The Antitrust Division sued George’s Inc. seeking to undo its $3 million purchase of a chicken processing plant in the Shenandoah Valley from Tyson Foods. The transaction fell below the reporting thresholds and thus was consummated with antitrust agency review. The Division alleges that the plant sale will leave George’s with 43% of the chicken market and only one competitor […]
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 […]
Sham Patent Infringement Claim Against Ocean Spray to Move Forward
May 31, 2011 – 4:37 pm
District of Massachusetts Judge Rya W. Zobel refused to dismiss Decas’s antitrust counter-clam against Ocean Spray. Ocean Spray asserted a patent infringement claim against Decas relating to a popular product after discussions about Ocean Spray purchasing Decas broke down. Decas argues that Ocean Spray filed the claim knowing that it was bogus in order to discourage other […]
Refusal to Sell Drug Needed to Obtain Approval for Generic Version to Move Forward
May 31, 2011 – 4:01 pm
Eastern District of Pennsylvania Timothy J. Savage denied Celgene’s motion to dismiss antitrust claims filed by Lannet Co. The complaint alleges that Celgene violated the antitrust laws by refusing to sell Thalomid pills so that it could conduct a bioequivalence study that is needed to obtain approval to sell a genetic version of the drug. The […]
En Banc Federal Circuit Narrows Patent Misuse Defense
May 31, 2011 – 3:38 pm
Update May 2011: The U.S. Supreme Court has denied certiorari. In a divided opinion, the en banc Federal Circuit has overturned a panel opinion that hadpermitted Princo to assert a patent misuse defense to a patent infringement action filed by Philips. Princo alleged that Philips had agreed with Sony not to license the relevant patent […]
Sirius/XM Merger Subject to Class Challenge
May 31, 2011 – 2:38 pm
Update May 2011: Sirius has agreed to settle the case by agreeing to maintain an FCC imposed price cap set to expire in July for an additional five months. The value of the settlement to Sirius 19 million customers is estimated to be $180 million. The settlement also included approximately $13 million in attorney’s fees. […]
Titanium Dioxide Price Fixing Case to Move Forward
May 31, 2011 – 2:28 pm
District of Maryland Judge Richard D. Bennett has refused to dismiss a case alleging that DuPont, Huntsman International, Kronos Worldwide Inc., and Millennium Inorganic Chemicals Inc. conspired to increase the price of titanium dioxide. Lead plainiff Haley Paint Co. alleged that the four companies control 70% of the titanium dioxide market and used trade association meetings as cover for their price […]
Credit Card Foreign Purchase Fee Conspiracy Case Against AmEx to Move Forward
May 31, 2011 – 2:16 pm
Southern District of New York Judge William H. Pauley III denied AmEx’s motion for summary judgment in a case alleging that American Express (1) conspired with banks to increase foreign transaction fees for using the cards to purchase items priced in foreign currencies and (2) imposed improper arbitration clauses in its cardholder contracts. AmEx argued that the […]
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 […]