In ZF Meritor LLC et al. v. Eaton Corp., the Delaware District Court Judge Sue L. Robinson denied Eaton’s motion for summary judgment, holding that plaintiffs may proceed with their antitrust claims accusing Eaton of monopolizing the market for heavy-duty transmissions in North America. The Court held that given the defendants’ “undisputed monopoly power in […]
Category Archives: US Federal Courts
RealNetworks Files Antitrust Counter-claim re: DVD Copying
May 22, 2009 – 1:53 pm
In RealNetworks Inc. et al. v. DVD Copy Control Association Inc et al. and Universal City Studios LLP et al. v. Real Networks Inc. et al., RealNetworks filed a counterclaim against the movie studios accusing them of violating the Sherman Act by 1) forming an illegal cartel with fellow defendant, the DVD Copy Control Associaion […]
TV Stations Sues Neilsen for Excluding Competition in Ratings Services
May 22, 2009 – 11:46 am
In Sunbeam Television Corp. v. Neilsen Media Research Inc., the plaintiff, a Florida television station operator, sued Neilsen Media Research Inc., alleging that Nielsen violated Section 2 of the Sherman Act, and the Florida equivalent, by abusing its monopoly in the television ratings industry. Specifically, Sunbeam alleged that Nielsen discouraged potential competitors from entering the television ratings market, and then sharply increased its prices […]
Unionization Does Not Bar Nurses Wage Fixing Claims
May 21, 2009 – 2:55 pm
Update May 2009: The plaintiffs have settled with Oakwood Healthcare for $7.2 and a agreement not to fix nurses salaries in the future. The deal is currently pending court approval. Oakwood did not admit liability, and the settlement includes a provision that would reduce the amount if the plaintiffs settle for less than 2% of […]
Indirect Purchasers Seek to Join I-Pod Antitrust Litigation
May 21, 2009 – 1:48 pm
Update: May 2009: A Northern District of California Judge dismissed the claim that Apple improperly tied I-pods to its itunes music software. The court found that the company did not link the sale of the two products and that either could be used without the other. A class of plaintiffs that have purchased I-Pods from […]
DOJ Proposes Settlement with SC Realtors
May 8, 2009 – 1:42 pm
In May 2008, the DOJ sued the Consolidated Multiple Listing Service of Columbia, S.C., alleging that the operators of the service violated Section 1 of the Sherman Act by 1) requiring applicants for membership to discuss the nature of their businesses with a committee of incumbent members who had the power to deny membership to […]
NFL Players Can’t Block Provision of Fantasy Football
May 2, 2009 – 3:16 pm
A Minnesota Federal District Court, following a recent 8th Circuit case involving fantasy baseball, held that NFL football players did not have property rights in their statistics sufficient to permit them to block a company from providing fantasy football league services.
Hypodermic Product Direct Purchaser Monpolization Case Settles
May 2, 2009 – 2:49 pm
In Louisiana Wholesale Drug Co. Inc. v. Becton Dickinson & Co. Inc., Beckton Dickinson & Co. Inc. has reached a $45 million settlement with direct purchasers in five antitrust suits accusing the medical device maker of monopolizing the market for hypodermic products by providing incentives and paying kickbacks to GPOs in return for selling BD products […]
Robinson-Patman Violation in Food Service Industry
May 2, 2009 – 2:46 pm
In Feesers Inc. v. Michael Foods Inc. et al., Middle District of Pennsylvania Judge Sylvia H. Rambo found that Michael Foods Inc., an egg and potato product supplier and Sodexo Inc., a food services giant, violated the Robinson-Patman Act by engaging in unlawful price discrimination, where Michael Foods was selling supplies to Sodexo at a lower price than to […]
Sister Pipeline Companies Can’t Conspire Despite Regulatory Duty to Operate Separately
April 28, 2009 – 1:34 pm
Judge Robert Chambers, Southern District of West Virginia, has held that sister gas pipeline companies are a single entity, incapable of conspiring under Section 1 of the Sherman Act. The plaintiffs alleged that the companies conspired to park gas in the pipeline during periods when prices were low, and that under federal energy regulations, the […]