In In re: Western States Wholesale Natural Gas Antitrust Litigation, District of Nevada Judge Philip M. Pro denied defendants’ bid for a judgment on the pleadings, ruling that antitrust claims against more than a dozen companies in the Western States Wholesale Natural Gas case, which stems from the 2000-2001 energy crisis, are not barred by […]
Category Archives: US Federal Courts
Energy Crisis Antitrust Suit Is Not Barred By The Commodity Exchange Act
October 27, 2009 – 12:32 pm
Market Definition Issue Prevent Summary Judgment in Radiology Case
October 15, 2009 – 12:34 pm
In Park West Radiology P.C. et al. v. CareCore National LLC et al., Southern District of New York Judge Victor Marrero held that multiple issues of law and fact are relevant to CareCore National LLC’s market share; whether it possesses sufficient market power to affect pricing; and whether the plaintiffs have sustained antitrust injury. As a result summary judgment would […]
Price Discrimination Case Against Citgo to Move Forward
October 15, 2009 – 12:32 pm
In Stephenson Oil Co. et al. v. Citgo Petroleum Corp., Northern District of Oklahoma Judge Terence Kern has rejected a request by Citgo Petroleum Corp. to dismiss a putative class action brought by gasoline distributors alleging that the oil giant offered secret discounted rates to certain distributors. In their suit, Plaintiffs alleged that Citgo lured […]
Insurance Fee Setting Protected by Filed Rate Doctrine
October 15, 2009 – 12:27 pm
In In Re: New Jersey Title Insurance Litigation, New Jersey District Court Judge Garrett E. Brown Jr. has tossed an antitrust action that accused more than a dozen major title insurers of conspiring with a New Jersey rating bureau to fix prices. In urging dismissal the defendants maintained that the plaintiffs’ claims were barred by […]
Airline Commission Conspiracy Case Dismissed
October 15, 2009 – 12:25 pm
Update March 2010: The travel agents have petitioned for certiorari in the U.S. Supreme Court. In In re: Travel Agent Commission Antitrust Litigation, 6th Circuit Court of Appeals has upheld a dismissal of a suit for failure to state a claim under Section 1 of the Sherman Act, brought by travel agents accusing major airlines […]
Price Discrimination Case Against Snapple Dismissed
October 15, 2009 – 12:07 pm
In Camarda v. Snapple Distributors Inc., 2nd Circuit Court of Appeals has ruled that local drivers who distribute Snapple Beverage Corp. drinks failed to establish injury under the Robinson-Patman Act in price discrimination suits accusing Snapple of letting other distributors horn in on their territory and undersell them. According to the lawsuit, a local distributor paid […]
Monopolization Claim in Eyelash Market Dismissed
October 15, 2009 – 11:52 am
In Allergan Inc. v. Photomedex Inc. et al., Central District of California Judge James V. Selna partly dismissed Athena Cosmetics Inc.’s allegations accusing rival Allergan Inc. of monopolizing the relevant market in ongoing litigation that arose from a patent related to eyelash enhancement products. The judge tossed Athena’s counterclaims of unfair competition and monopolization as they […]