The Federal Circuit has upheld a decision dismissing Mylan’s sham litigation claims against AstraZeneca. Mylan claimed that AstraZeneca conspired with others to file patent infringement claims against any generic drug manufacturer seeking to introduce a generic version of Prilosec. The court held, however, that because AstraZeneca won some of the infringement cases and had survived […]
Category Archives: US Federal Courts
LBO Price Fixing Case Narrowed
May 11, 2011 – 4:18 pm
District of Massachusetts Judge Edward F. Harrington dismissed the allegations of former Kinder Morgan shareholders in a broad class action alleging price fixing among Goldman Sachs, the Carlyle Group, Blackstone, and other Wall Street defendants with respect to leveraged buyouts. The court dismissed the Kinder Morgan allegations on the ground that they were covered by […]
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 […]
SanDisk’s Walker Process Claim Moves Forward
May 9, 2011 – 4:06 pm
Northern District of California Judge Jeremy Fogel denied SanDisk Corp.’s motion to dismiss an antitrust class action involving Ritz Camera & Image LLC’s Walker Process claim. Ritz, who allegedly paid monopoly prices for SanDisk flash memory since 2006, alleged SanDisk enforced fraudulently procured patents. SanDisk contended that only direct competitors, not customers, could bring such claims. […]
Florida Concrete Companies Denied Motion to Dismiss
May 9, 2011 – 4:03 pm
Southern District of Florida Judge Cecilia M. Altonaga denied a motion to dismiss indirect purchasers from a class action price-fixing suit against several Florida cement companies. The complaint alleged that cement companies conspired as early as February 2008 to keep prices high in Florida. The indirect purchasers survived the motion to dismiss because at least […]
DOJ and Texas Hospital Propose Antitrust Settlement
May 9, 2011 – 4:00 pm
A Northern District of Texas court received a proposed settlement between the Department of Justice and a Texas hospital that was accused of monopolizing the hospital services market by preventing insurers from working with competitors. United Regional Health Care System of Wichita Falls, Texas, controlled hospital services in the area and was allegedly able to charge […]
Court Allows Plaintiffs To Amend Complaint in On-Line DVD Rental Antitrust Suit
May 8, 2011 – 6:23 pm
Update May 2011: The court dismissed claims filed by Blockbuster customers, alleging that the Walmart/Netflix deal led directly to Blockbuster raising its prices. The court held that there was insufficient evidence of a direct link between Update July 2010: The court has denied Walmart’s and Netflix’s motion to dismiss. Although retaining doubt about the plaintiffs’ […]
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 […]