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ARTICLE: The National Pastime of the American Judiciary: Reexamining the Strength of Major League Baseball's Antitrust Exemption Following the Passage of the Curt Flood Act and the Supreme Court's Ruling in American Needle, Inc. v. NFL

19 Sports Law. J. 325, Spring, 2012 Author: Avraham J. Sommer Excerpt I. Introduction Professional baseball has existed in the United States since the founding of the Cincinnati Red Stockings in 1869. The modern model of professional baseball was created in 1903 when the American League and...

Fans Sue Major League Baseball Over Video Presentation of Games

NEW YORK - (Mealey's)Four baseball fans filed a putative class action in federal court in New York on May 9 against Major League Baseball Enterprises Inc. (MLB), several MLB member clubs and several cable and Internet providers, alleging that live-game video offerings violate antitrust laws ...

Drafting Arbitration Clauses May Be Probative Of Antitrust Conspiracy

by Ed O'Connor In In re Currency Conversion Fee Antitrust Litig ., Judge William H. Pauley III denied a motion for summary judgment by Defendants Discover and Citigroup after finding that a handful of meetings over four years by Defendants' in-house counsel related to drafting and implementing...

After Twombly and Iqbal: Motions to Dismiss in Parallel Conduct Cases

by Dennis D. Palmer and Adam K. Fuemmeler This article analyzing recent court decisions considering motions to dismiss in antitrust cases is presented in two parts. Part I examines the Court's landmark decisions in Twombly and Iqbal, and discusses how courts have analyzed motions to dismiss in...

Deeper Look into Motions to Dismiss in a Post-Twombly and Iqbal Antitrust World

by Dennis D. Palmer and Adam K. Fuemmeler Excerpt: 1. Recent Case Law: Applying Twombly To Parallel Conduct Cases a. Cases In Which The Court Found The Alleged Conspiracy Plausible Due likely to confusion regarding the plausibility standard set out in Twombly and Iqbal , courts have sought...

Brick By Illinois Brick: Ninth Circuit Builds High Wall For Indirect Purchaser Suits

by Dylan Ballard and Nadezhda Nikonova The Ninth Circuit unanimously affirmed a grant of summary judgment for defendants in an antitrust suit involving alleged price-fixing of ATM fees, holding that the plaintiffs were indirect purchasers within the meaning of Illinois Brick Co. v. Illinois, but...

High Court Hears Oral Arguments In Antitrust Class Certification Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court heard oral arguments Nov. 5 on "[w]hether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to...

Symposium: China Institute of International Antitrust and Investment, March 21-22, Beijing China

The China Institute of International Antitrust and Investment (CIIAI) was established in March 2012 by the China University of Political Science and Law, each of which is based in Beijing, with the goals of promoting due process and transparency in antitrust proceedings, as well as the adoption of...

High Court Hears Arguments on Validity of Arbitration Clause in Antitrust Action

WASHINGTON, D.C. - (Mealey's) American Express Co. (AmEx) told the U.S. Supreme Court on Feb. 27 in oral arguments that the Second Circuit U.S. Court of Appeals erred in ruling that a mandatory class action waiver clause in AmEx's standardized service contract violated the Federal Arbitration...

Cadwalader Clients & Friends Memo: Antitrust Division Enters Into First Deferred Prosecution Agreement

In a first for the Department of Justice ("DOJ") Antitrust Division, the Division entered into a Deferred Prosecution Agreement ("DPA") with a financial institution for its involvement in an alleged LIBOR-rate manipulation scheme. As part of the agreement, the company's Japanese...

Foley & Lardner: Three Steelmakers Raided in Antitrust Investigation

by Brandi Walkowiak On February 28, 2013, Germany's Federal Cartel Office ("GFCO") searched the offices of three steelmakers as part of an antitrust investigation into steel supplies to the automotive industry. Specifically, GFCO raided the offices of Voestalpine, ThyssenKrupp, and...

Jury Finds Chinese Vitamin C Makers Fixed Prices; $153.3M Judgment Entered

NEW YORK- (Mealey's) A federal judge in New York on March 14 entered judgment for $153.3 million after trebling a jury's $54.1 million verdict in favor of a direct purchaser class on its allegations that Chinese corporations participated in an illegal cartel to fix prices and limit supply...

High Court: Class Certification in Antitrust Case Was Improper

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court today ruled 5-4 that a district court may not certify a class action under Federal Rule of Civil Procedure 23(b)(3) without resolving whether the class has introduced admissible evidence, including expert testimony, to show that the case is...

Big News: Consolidated LIBOR-Scandal Antitrust and RICO Claims Dismissed

On March 29, 2013, in a ruling that she acknowledged some might find to be "unexpected" in light of the substantial regulatory fines and penalties that some of the defendants have paid, Southern District of New York Naomi Reice Buchwald granted the defendants' motions to dismiss the...

U.S. Supreme Court to Rule on State’s Case Qualifying as Mass Action

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on May 28 granted a petition for writ of certiorari in a dispute over whether a state's parens patriae lawsuit may be removed to federal court as a "mass action" under the Class Action Fairness Act (CAFA) ( State of Mississippi...

High Court: Class-Action Waiver in Arbitration Clause Is Valid in Antitrust Case

WASHINGTON, D.C. - (Mealey's) A mandatory class action waiver clause in American Express Co.'s (AmEx) standardized service contract is enforceable under the Federal Arbitration Act (FAA), even if the cost of individual arbitration of merchants' antitrust claims is prohibitively high, ...

More About Stories We're Following: Libor Scandal, FIRREA, Chinese Company Securities Suits

NCUA Files Libor Manipulation Antitrust Suit: Even though the federal judge presiding over the consolidated Libor antitrust litigation has granted the defendants’ motion to dismiss the antitrust claims, the federal credit union regulatory agency has filed a new action against Libor rate-setting...

DOJ to Drop Antitrust Case If US Airways, American Give Slots to Low-Cost Carriers

WASHINGTON, D.C. — (Mealey’s) The U.S. Department of Justice (DOJ) on Nov. 12 proposed a final judgment with US Airways Group Inc. and American Airlines Inc. under which the DOJ would drop its merger antitrust lawsuit against the airlines if they divest slots and gates at key constrained...

U.S. Supreme Court Denies Stay of American Airlines Merger With US Airways

WASHINGTON, D.C. — (Mealey’s) U.S. Supreme Court Justice Ruth Bader Ginsburg on Dec. 8 denied an emergency application by individual airline customers seeking to prevent the merger of bankrupt American Airlines Inc. and US Airways Group Inc. The customers had argued that the merger violates...

Health Care Reform and the Antitrust Laws: Big Concerns for Health Care Organizations and Their D&O Insurers

In a recent industry study concluding that health care organizations face increasing rates for management liability insurance, as well as tightening terms, one of the explanations suggested for these restrictive conditions is that the carriers are concerned that as health care organizations respond to...

LCD Court Dismisses Motorola’s Multi-Billion Dollar Antitrust Claims Based On Overseas Purchases

by Dylan Ballard and Nadezhda Nikonova On January 23, in a landmark decision that is one of the most important yet to be handed down in the sprawling LCD antitrust litigation pending in various federal courts since 2006, Judge Joan Gottschall of the Northern District of Illinois dismissed plaintiff...

Bundled Discounts Subject to Section 1/Clayton 3 Scrutiny In the Absence of Market Power and Substantial Foreclosure?

by Bruce Colbath Bundled discount programs have received significant antitrust scrutiny over the past decade, even though these marketing programs may benefit both consumers and competition. Typically, bundled discounts have been evaluated as either exclusive dealing or tying arrangements under Section...