E.D. Tennessee Judge Ronnie Greer granted summary judgment in favor of the defendants, Dairy Marketing Services and Southern Marketing Agency on monopolization and raw milk conspiracy counts, but denied summary judgment with respect to processed milk conspiracy claims. The case filed by Food Lion and Fidel Breto, dba Family Foods, will now proceed on the remaining […]
Category Archives: US Federal Courts
Medical Imaging Conspiracy Case to Move Forward
August 17, 2010 – 11:06 am
Eastern District of NY Judge Leonard Wexler has denied a motion to dismiss filed by defendant CoareCore in a suit alleging that the company entered exclusive agreements with most large health insurance plans in the region, effectively excluding the plaintiff from a large portion of the market. The defendant argued that the case was time […]
Magazine Distribution Boycott Case Dismissed
August 17, 2010 – 10:42 am
Southern District of NY Judge Paul Crotty dismissed a suit filed by bankrupt magazine wholesaler Anderson News against magazine publishers, including Time, Rodale, and American Media. The case arose out of a decision by Anderson to impose a 7% surcharge on magazines to discourage suppliers from shipping excess copies. Rather than accept the surcharge, a […]
Nurses’ Salary Class Action to Move Forward
August 16, 2010 – 2:49 pm
Northern District of NY Judge Thomas McAvoy denied the defendants’ motion to dismiss for failure to state a claim, holding that the allegationsof information exchanges and surpressed wages was sufficient to permit a jury to find both collusive activity and actual anticompetitive effects. The court also denied the one unionized hospital’s motion to dismiss on non-statutory labor […]
Grocery Wholesaler Market/Customer Division Case to Proceed
August 13, 2010 – 4:14 pm
District of Minnesota Judge Ann Montgomery denied the defendants motion to dismiss on statute of limitations grounds arguing that each instance of higher pricing as a result of a market division agreement re-starts the statute. As a result, dismissal was in appropriate even though the agreement was initially entered more than four years ago. The […]
Futures Exchange Predatory Pricing Claim Dismissed
August 12, 2010 – 2:13 pm
Northern District of Illinois Judge James B. Zagel dismissed U.S. Futures Exchange’s predatory pricing claim against the Chicago Board of Trade and the Chicago Mercantile Exchange on the ground the that plaintiff had failed to show that the reduced fees were below cost as required by the antitrust laws. The court held that the fees […]
Class Action Alleging a Conspiracy to Adopt Baggage Fees Moving Forward
August 9, 2010 – 1:43 pm
Update August 2010:The Northern District of Georgia court overseeing what is now multidistrict litigation dismissed the monopolization claims on the ground that the defendants’ conduct could not have monopolized the Atlanta market. The conspiracy to restrain trade claim is proceeding. In Avery et al. v. Delta Air Lines et al., airline passengers filed a […]
Court Dismiss Complaint in LCD Panel Price Fixing Case
July 26, 2010 – 3:59 pm
Northern District of California Judge Susan Illston dismissed AT&T’s claims against various LCD display manufacturers, rejecting the plaintiff’s theory that evidence sufficient to establish a conspiracy to fix prices on one type of LCD display was sufficient to permit an inference of price fixing with respect to other types of displays. The court dismissed the […]
First Circuit Rejects Airport Fuel Sale Claim on State Action Grounds
July 26, 2010 – 3:43 pm
The First Circuit has rejected an antitrust claim alleging that the Barnstable Municipal Airport Commission improperly monopolized the sale of jet fuel at the airport. The court held that the Commission’s conducted was exempted from antitrust scrutiny by the state action doctrine.