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. […]
Category Archives: US Federal Courts
Robinson-Patman Act Case Based on Discriminatory Shipping Policies to Move Forward
November 11, 2010 – 5:43 pm
No Competition Found in the Food Services Giant’s Antitrust Suit
November 11, 2010 – 2:18 pm
Update October 2010: The Supreme Court has denied certiorari, allowing the 3rd Circuit’s decision to stand. In Feesers Inc. v. Michael Foods Inc. et al., Third Circuit ruled that Feesers Inc. and Sodexo Inc. were not competing purchasers under the federal law and therefore Feesers could not show that it suffered competitive injury under […]
Standard Setting Abuse Case to Move Forward
November 11, 2010 – 12:50 pm
Eastern District of Texas Judge Leonard Davis refused to dismiss Encore Wire Corp’s claim that competitor Southwire Inc. violated California state antitrust laws by lobbying for an industry standard without disclosing that it owned a patent that would be infringed by wire conforming to the standard. Southwire sought dismissal on the ground that the statute […]
Exclusive of Generic Drugs Monopolization Case Goes Forward
October 30, 2010 – 2:37 pm
Update October 2010:The court denied GSK’s request that it reconsider its decision to allow indirect purchaser claims to move forward. Update September 2010: Tracking his decisions in the direct purchaser case, Judge Stengel dismissed claims relating to one of GSK’s patents, but otherwise permit at least one state law claim to proceed for each […]
Several Antitrust Claims Dismissed In An Antitrust Multi-District Suit Against Plush Web Toy Supplier
October 25, 2010 – 2:21 pm
Update October 2010: Judge Richard Seeborg has taken over the case and rejected Ganz’s motion to dismiss the plaintiff’s amended complaint. The court held that the amended complaint includes specific allegations of anticompetitive effects, such as the alternate suppliers who the plaintiffs had stopped buying from as a result of the defendant’s tying practices, which […]
Monopolization Case Against United Airlines Dismissed
October 19, 2010 – 4:12 pm
DC FDC Judge Richard Leon has granted summary judgment in favor of United Airlines in a case alleging that the airline monopolized the market in non-stop flights from San Francisco to the Washington Dulles area. In a putative class action, the plaintiff alleged that United’s rules prohibiting resale of tickets restrained competition from the secondary […]
School Supply/Calendar Bundled Discount Case to Move Forward
October 14, 2010 – 5:30 pm
Central District of CA Judge Dean Pregerson MeadWestvaco’s motion to dismiss in a case filed by Blue Sky The Color of Imagination, a competitor in the market for dated products such as calendars and datebooks. Blue Sky alleged that Mead holds about 90% of the market and that by offering bundled discounts to stores that […]
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 […]
ATM Price Fixing Case Dismissed
October 14, 2010 – 12:00 pm
Northern District of California Judge Charles Breyer has granted summary judgment to several banks charged with fixing the interchange fees on ATM transactions. The court held that the plaintiffs, bank customers, were indirect payers of the interchange fees, which are imposed directly on the banks. Although the customers likely bore the brunt of those fees […]