by Natalie S. Marcus
On December 2, 2011, a federal judge took the
extraordinary step of issuing an advisory opinion about an area of law that has
little precedent. In In re: Fresh and Process Potatoes Antitrust Litigation ,
No. 10-2186 (D. Idaho), plaintiffs alleged that defendants created cooperatives...
In Sullivan v. DB Investments, Inc. ("Sullivan II"), No.
08-2784, 2011 U.S. App. LEXIS 25185 (3d Cir. Dec. 20, 2011) (en banc), the
Third Circuit reinstated the district court's certification of a nationwide
class settlement comprising indirect and direct purchasers of diamonds from...
by Joshua Druckerman
LCD screens are everywhere. These power-efficient,
lightweight, and slim liquid crystal displays are ubiquitous in just about
everything in consumer and industrial electronics these days. Televisions,
cars, laptops, cell phones, computer monitors, MP3 players, and many other...
19 Sports Law. J.
325, Spring, 2012
Author: Avraham J. Sommer
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...
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 ...
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...
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...
by Dennis D. Palmer and Adam K. Fuemmeler
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...
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...
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...
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
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
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...
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...
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...
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...
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...
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
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,
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...
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...
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...