Northern District of California Judge Charles Breyer denied a motion to dismiss in In re: ATM Fee Antitrust Litigation. The plaintiffs allege that the defendants have illegally conspired to set ATM interchange fees at supra-competitive levels and then passing the fees on to consumers as foreign ATM fees. The defendant banks sought to dismiss the complaint […]
Category Archives: US Federal Courts
Jury Rules for Mack Truck in Dealer Conspiracy Case
June 16, 2010 – 2:22 pm
Update June 2010: The Third Circuit rejected the dealer’s appeal on grounds that the court admitted irrelevant prejudicial evidence. In an Eastern District of Pennsylvania case, a Mack Truck dealer alleged that Mack oversaw a conspiracy among its dealers to maintain truck prices and to discipline any dealer that, like plaintiff Toledo Mack, sought to […]
Alabama Hospital Exclusive Dealing Case Dismissed
May 28, 2010 – 2:08 pm
Judge Myron Thompson, M.D. Ala, dismissed a complaint filed by medical supply equipment companies against several hospitals in the Montgomery, Alabama, area. The complaint alleged that the hospitals violated the antitrust laws by entering exclusive agreements to provide durable medical equipment such as beds, walkers, and wheelchairs, in house. The plaintiffs alleged that the hospital […]
Merchant “Anti-steering” Suit Against AmEx to Move Forward
May 28, 2010 – 1:29 pm
Judge Nicholas Garaufis, E.D. N.Y., refused to dismiss suits filed by major drugstore chains challenging the so-called anti-steering rules imposed by American Express to limit merchant conduct that would dissuade customers from using AmEx cards. Although the court agreed that the entry into the merchant card acceptance agreements triggered the start of the statutory period and […]
Monpolization Case Against BP to Move Forward
May 28, 2010 – 11:20 am
Judge James Zagel, N.D. Illinois, permitted monopolization claims against BP for seeking to corner the market for propane to proceed. The court held that issues of fact prohibit summary judgment on BP’s standing and statute of limitation defenses.
State Regulations Limiting Medical Procedures to Certain Hospitals Upheld
May 28, 2010 – 11:05 am
Judge Edward Shea, E.D. Washington, granted judgment on the pleadings in a case challenging Washington State Department of Health regulations restricting the number of hospitals that provide angioplasties. The court held that regardless of the competitive effects regulations they are exempt from antitrust scrutiny by the state action doctrine.
Honeywell Alarm Price Fixing Case Dismissed
May 27, 2010 – 3:33 pm
Judge Robert Patterson, Southern District of New York, dismissed without prejudice Integrated Systems complaint alleging that Honeywell had orchestrated a price-fixing conspiracy among retailers and terminated the plaintiff’s dealership when it refused to go along. The court held that allegations of complaints by competing dealers were insufficient to properly allege a conspiracy and that the […]
Mylan Antitrust Claim Against AstraZeneca Tossed
May 27, 2010 – 2:30 pm
Judge Barbara Jones, Southern District of New York, dismissed Mylan’s sham patent litigation allegations against AstraZeneca on the ground that the defendant’s patent enforcement litigation was supported by probable cause and thus could not give rise to antitrust liability.