Mealey's Antitrust/Unfair Competition - Eaton Settles Exclusive Dealing Case Prior To Damages Trial

WILMINGTON, Del. - Eaton Corp. and ZF Meritor LLC and Meritor Transmission Corp. told a federal judge in Delaware on June 23, on the eve of trial, that they had reached a settlement on claims for antitrust damages based on Eaton's entering into long-term conditional-rebate agreements (LTAs) with...

Mealey's Antitrust/Unfair Competition - Hospital System Granted Stay Of Unwinding Of Acquisition Of Physician Group

BOISE, Idaho - A federal judge in Idaho on June 25 granted a stay of the divestiture of a consummated merger between Idaho's largest health system and the state's largest independent, multispecialty physician group pending the Ninth Circuit U.S. Court of Appeal's ruling on the emergency motion...

Mealey's Antitrust/Unfair Competition - UCL Claims Doomed By Failure Of Commercial Code Allegations, Judge Finds

SAN DIEGO - A federal judge on June 23 dismissed a California consumer's class action claims that Wal-Mart Inc. violates the state unfair competition law (UCL) by misrepresenting the benefits of a dietary supplement product after finding that the consumer failed to allege facts establishing a minimum...

Mealey's Antitrust/Unfair Competition - Class Cannot Be Determined For Baby Food Content Claims, Judge Rules

SAN JOSE, Calif. - A consumer cannot pursue class claims alleging that Gerber Products Co. misrepresents the contents of its baby foods in violation of California's unfair competition law (UCL) because it is not "administratively feasible" to determine whether a person is a class member...

Mealey's Antitrust/Unfair Competition - Steel Producers, Distributors Appeal $156M Antitrust Judgment To 5th Circuit

HOUSTON - Steel producers and distributors that were ordered to pay $156 million in treble damages on claims that they conspired to put distributor MM Steel LP out of business by engaging in a group boycott in violation of federal antitrust law on June 24 and 25 filed notices of appeal to the Fifth Circuit...

Mealey's Antitrust/Unfair Competition - Delayed Discovery Of Alleged Misdeed Does Not Save UCL, Fraud Claims, Panel Says

SANTA ANA, Calif. - The delayed accrual doctrine does not prevent the statute of limitations from barring a homeowner's claim under California's unfair competition law (UCL) that a lender misrepresented the terms of a mortgage because the homeowner should have learned the terms of the mortgage...

Mealey's Antitrust/Unfair Competition - Cert Denied In Consumers' UCL Challenge To Bank Fees Under Federal Law

WASHINGTON, D.C. - The U.S. Supreme Court on June 30 let stand a ruling by California's highest court that Congress has not barred a state unfair competition law (UCL) consumer class action against Bank of America N.A. predicated on a violation of the federal Truth in Savings Act (TISA) (Bank of...

Mealey's Antitrust/Unfair Competition - Supreme Court Will Decide Whether Dismissal Is Appealable In Libor Suit

WASHINGTON, D.C. - The U.S. Supreme Court on June 30 agreed to determine whether a dismissal in a consolidated action can be immediately appealed, regardless of whether claims remain in the consolidated action, in granting a petition for a writ of certiorari filed by plaintiffs in multidistrict litigation...

Mealey's Antitrust/Unfair Competition - Feinberg Outlines Details For Program To Compensate GM Ignition Switch Claimants

WASHINGTON, D.C. - Compensation expert Kenneth Feinberg on June 30 outlined the details of a program for compensating claimants alleging death or injury in accidents related to defective General Motors (GM) ignition switches.

Mealey's Antitrust/Unfair Competition - Supreme Court Will Hear Antitrust Preemption Case

WASHINGTON, D.C. - The U.S. Supreme Court on July 1 granted review of a Ninth Circuit U.S. Court of Appeals ruling that the Natural Gas Act (NGA) does not preempt state law claims asserted by retail purchasers of natural gas (In re: Western States Wholesale Natural Gas Antitrust Litigation [ONEOK, Inc...

Mealey's Antitrust/Unfair Competition - California Consumer: Adobe Early Termination Fees Are Unlawful, Unfair

SAN JOSE, Calif. - Early termination fees (ETFs) that Adobe Systems Inc. charges customers who cancel their subscriptions to the company's Creative Cloud software package constitute unlawful penalties under California law and are unlawful and unfair under the state's unfair competition law (UCL...

Mealey's Antitrust/Unfair Competition - UCL Claims Against EBay's 'Buy It Now' Option Survive Motion To Dismiss

SAN JOSE, Calif. - A federal judge in California on June 30 denied a bid by eBay Inc. to dismiss a consumer's class action claims under California's unfair competition law (UCL) and other statutes that the online auction company's unfair and deceptive business practices caused sellers to...

Mealey's Antitrust/Unfair Competition - Escrow Account Class Claims Governed By HOLA, Not UCL, Judge Finds

SAN DIEGO - A California woman cannot pursue class action claims that Wells Fargo Bank N.A. failed to properly maintain escrow accounts in violation of the state unfair competition law (UCL) because the claims are preempted by the Home Owners' Loan Act (HOLA), a federal judge ruled July 3 (Michelle...

Mealey's Antitrust/Unfair Competition - FLSA's Opt-In Rule Does Not Bar Class Certification Under UCL, Judge Says

SACRAMENTO, Calif. - A federal judge on July 7 preliminarily approved a $2 million settlement of a class action complaint filed six years ago alleging that the compensation practices of a group of car dealerships for its service technicians violated California's unfair competition law (UCL) and federal...

Mealey's Antitrust/Unfair Competition - UCL Unfair Sales Tax Claims Remanded Based On Decision In Loeffler

SAN FRANCISCO - The California Supreme Court on July 9 dismissed an appeal of a consumer class action alleging a state unfair competition law (UCL) violation against a wireless phone company for failing to disclose the amount of taxes charged for phones, remanding the case in light of the court's...

Mealey's Antitrust/Unfair Competition - Judge: UCL Claim Fails For Lack Of Unlawful Activity In California, Public Harm

ALBANY, N.Y. - An Australian technology company cannot pursue claims against a French company under California's unfair competition law (UCL) alleging that it misrepresented the performance of a licensed software product because there is no evidence that any alleged misrepresentation occurred in...

Mealey's Antitrust/Unfair Competition - California Federal Judge Denies Preliminary Approval Of Work Expenses Settlement

SAN FRANCISCO - A California federal judge on July 10 denied preliminary approval of a $750,000 work-related expenses class action settlement, finding that the agreement contains several deficiencies (Lawrence Daniel Christensen, et al. v. Hillyard, Inc., No. 13-4389, N.D. Calif.; 2014 U.S. Dist. LEXIS...

Mealey's Antitrust/Unfair Competition - Homeowner States Valid Claims Of Unlawful Fees, Actions, Judge Finds

SAN FRANCISCO - A condominium owner can pursue class claims under California's unfair competition law (UCL) based on violations of the state's Davis-Stirling Common Interest Development Act because she sufficiently alleges that a debt collection company hired by her homeowners association improperly...

Mealey's Antitrust/Unfair Competition - Trader Joe's To Pay $3.3 Million To Resolve 'All Natural' Labeling Claims

SAN FRANCISCO - Grocery store chain Trader Joe's Co. will pay $3,375,000 and remove the terms "All Natural" and "100% Natural" from the labels of certain food products to settle class claims alleging that the terms are misleading and violate California's unfair competition...

Mealey's Antitrust/Unfair Competition - Apple Reaches $400M Settlement With States, Class In E-Books Antitrust Case

NEW YORK - Apple Inc. has agreed to pay $400 million to 33 states and a certified class of consumers to settle claims that it conspired with publishers to fix prices of electronic books, according to a motion for preliminary approval filed July 16 in federal court in New York (In re Electronic Books...

Mealey's Antitrust/Unfair Competition - Software Company Seeks High Court Review Of Challenge To Microsoft's License

WASHINGTON, D.C. - MiniFrame Ltd. asked the U.S. Supreme Court on July 16 to review the Second Circuit U.S. Court of Appeals' ruling that the software maker failed to sufficiently allege that Microsoft Corp. violated Section 2 of the Sherman Act by restricting its Windows 2007 license to a single...

Mealey's Antitrust/Unfair Competition - Cable Providers' Motion To Compel Arbitration Of Tying Claim Is Denied

OKLAHOMA CITY - Cox Communications Inc. waived any right to demand arbitration of class claims that Cox tied access to its premium cable services to rental of a set-top box, a federal judge in Oklahoma ruled July 18, noting that Cox did not file its motion to compel arbitration until five months prior...

Mealey"s Antitrust/Unfair Competition - No Proof Of Collusion In Tobacco Pricing, Kansas Court Of Appeals Rules

TOPEKA, Kan. - A class of Kansas cigarette purchasers has failed to show that the major tobacco manufacturers conspired to fix wholesale prices for cigarettes, the Kansas Court of Appeals ruled July 18 (Daric Smith, et al. v. Philip Morris Companies Inc., et al., No. 108,491, Kan. App.).

Mealey"s Antitrust/Unfair Competition - Most Of Warranty Claims, All Fraud Claims Survive Dismissal In Shop-Vac MDL

WILLIAMSPORT, Pa. - A Pennsylvania federal judge on July 17 dismissed warranty claims filed by one out of three named plaintiffs in a multidistrict litigation over the power and capacity of vacuums but allowed the other claims of the remaining two named plaintiffs to proceed, along with the consumer...

Mealey's Antitrust/Unfair Competition - Opt-Out Complaints Against Visa, MasterCard, Banks Will Continue

NEW YORK - A federal judge in New York on July 18 refused to dismiss suits by merchants that opted out of the $7.25 billion class action settlement between approximately 12 million merchants and Visa, MasterCard and a large number of banks, which allegedly fixed the price of interchange fees paid by...