Athletes Reach Antitrust Settlement With EA, CLC; Claims Against NCAA Remain

OAKLAND, Calif. - Electronic Arts Inc. (EA) and Collegiate Licensing Co. (CLC) announced Sept. 26 that they reached a settlement with former and current student athletes who claim that the National Collegiate Athletic Association (NCAA), EA and CLC violated Section 1 of the Sherman Act by agreeing to...

Unfair Competition Class Action Against Skype Reinstated By Appeals Court

LOS ANGELES - A California appeals panel on Oct. 4 found that a woman's putative class claims alleging unfair competition, false advertising and related claims against Skype Inc., over its claims of "unlimited" calling plans, were adequately alleged, reversing and remanding a lower court's...

Supreme Court Will Not Review Standing Ruling In ATM Fee Litigation

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 denied review of the Ninth Circuit U.S. Court of Appeals' ruling that automated teller machine cardholders did not have standing to proceed with their antitrust challenges to the fixed interchange fee that a card-issuing bank pays to the ATM owner...

Supreme Court Denies Review In Antitrust Cases

WASHINGTON, D.C. - The U.S. Supreme Court denied review on Oct. 7 of several antitrust cases involving issues related to price-fixing agreements and immunity from antitrust laws.

Special Master: Airlines Not Allowed To Compel Discovery In Antitrust Lawsuit

WASHINGTON, D.C. - The special master appointed to handle discovery requests in the antitrust lawsuit filed by the U.S. Department of Justice (DOJ) against US Airways Group Inc., and bankrupt American Airlines Inc. on Oct. 10 issued a report saying that the airlines should not be permitted to compel...

Special Master Recommends That Discovery Requests In Airline Merger Case Be Denied

WASHINGTON, D.C. - The special master overseeing discovery in the U.S. Department of Justice's (DOJ) action seeking an injunction to prevent the proposed merger of American Airlines Inc. and US Airways Group Inc. recommended Oct. 10 that certain discovery requests be denied (United States of America...

Ohio Federal Judge Grants In Part Motions To Compel Against Non-Party

DAYTON, Ohio - Non-party Community Insurance Co., doing business as Anthem Blue Cross and Blue Shield (Anthem), must produce certain documents regarding its deliberations not to contract with a medical center in the medical center's lawsuit claiming that it was denied contracts with managed care...

Judge: Competition Law Claim Involving GM Steering Component Proceeds

SACRAMENTO, Calif. - A man's claim that General Motors LLC knowingly sold vehicles with defective steering components then replaced those parts with equally defective replacements supports a claim under all three prongs of the California unfair competition law (UCL), a federal judge held Oct. 16...

Federal Judge Rules On Expert Testimony, Access In Merger Trial

BOISE, Idaho - The federal judge in Idaho overseeing the trial involving an antitrust challenge to a consummated merger between a hospital system and a physician group on Oct. 18 refused to exclude certain expert testimony regarding the impact of unwinding the merger and ruled that the Associated Press'...

Judge Finds Standing, Specificity In Splenda Web Advertising Claims

SAN FRANCISCO - Inconsistencies in allegations of website exposure between complaints do not warrant dismissal of a California unfair competition law (UCL) claim challenging the advertising of Splenda, a federal judge held Oct. 21 (Barbara Bronson, et al. v. Johnson & Johnson Inc. and McNeil Nutritionals...

Federal Judge Dismisses Claims From Overdraft Fees Class Action

SAN FRANCISCO - A federal judge in California on Oct. 25 granted in part and denied in part Umpqua Bank's motion for judgment on the pleadings in a putative class action alleging that the bank illegally reordered customers' debit card transactions in order to maximize profits, finding that some...

Class Certification Granted In Employees' Antitrust Suit Against High-Tech Companies

SAN JOSE, Calif. - A California federal judge on Oct. 24 granted a supplemental motion for class certification in an antitrust suit accusing high-tech companies of conspiring to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete for one...

Judge: Refrigerator Maker Must Face Energy Star-Based Competition Law Claims

SACRAMENTO, Calif. - Whirlpool Corp.'s alleged misrepresentation of its refrigerators' compliance with Energy Star program requirements supports unfair and fraudulent claims under the California unfair competition law (UCL), a federal judge held Oct. 25 (Kyle Dei Rossi and Mark Linthicum, et...

9th Circuit Nixes Rule Barring Arbitration Of Public Injunctive Relief Claims

SAN FRANCISCO - California's rule prohibiting arbitration of public injunctive relief claims runs afoul of the Federal Arbitration Act (FAA), the Ninth Circuit U.S. Court of Appeals held Oct. 28 in reversing a ruling denying arbitration of California unfair competition law (UCL) claims (Kevin Ferguson...

College Athletes Antitrust Claims Against NCAA Survive, Federal Judge Rules

OAKLAND, Calif. - Former and current student athletes may continue with their claim that the National Collegiate Athletic Association (NCAA) violated federal antitrust law by conspiring with Electronic Arts Inc. (EA) and Collegiate Licensing Co. (CLC) to restrain competition in the market for the commercial...

9th Circuit Reinstates Class Suit Challenging Wal-Mart's California Battery Fee

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Oct. 30 reinstated a class complaint accusing Wal-Mart Stores Inc. of falsely claiming that its battery recycling fee was required by California law (June Woolverton Johnson, et al. v. Wal-Mart Stores, Inc., No. 12-55233, 9th Cir.; 2013 U...

Calif. Court Rules On $1.1B Settlement Claims Procedure In Microsoft Antitrust Case

SAN FRANCISCO - A procedure for determining the portion of settlement proceeds to be awarded to certain class members in a consumer antitrust action against Microsoft Corp. does not violate the terms of the underlying $1.1 billion settlement agreement, a California appellate court affirmed Oct. 31 in...

Consumers In Comcast Antitrust Case May Move To Certify Narrowed Class, Judge Says

PHILADEPHIA - A federal judge in Philadelphia on Nov. 12 denied Comcast Corp.'s motion to strike consumers' motion to recertify a class following the U.S. Supreme Court's reversing the court's motion to certify the class, but the judge permitted Comcast to file a substantive response...

High Court Denies Challenge To Judge's Practice In Appointing Class Counsel

WASHINGTON, D.C. - The U.S. Supreme Court on Nov.18 denied a petition for review filed by a class member who objected to the settlement of a class suit accusing Sirius XM Radio Inc. of antitrust violations in connection with the 2008 merger of the only two providers of satellite radio, and Justice Samuel...

Judge: Attorney Fees Constitute Injury; Standing For Injunctive Relief Lacking

SAN FRANCISCO - Attorney fees incurred in defending against unenforceable noncompete agreements constitute a California unfair competition law (UCL) injury but do not provide Article III standing for injunctive relief, a federal judge held Dec. 2 in granting an employer's motion for reconsideration...

$7.25B Antitrust Credit-Card-Fee Settlement Receives Final Approval

NEW YORK - A federal judge in New York on Dec. 13 granted final approval to the $7.25 billion class action settlement between approximately 12 million merchants and Visa, MasterCard and a large number of banks that the proposed class alleges fixed the prices of interchange fees paid by merchants when...

American Express Agrees To Settle Suit Targeting Discount Fee

NEW YORK - A hotel and movie theater operator on Dec. 19 moved for the preliminary approval of a settlement of a putative class action in a New York federal court alleging that American Express Co.'s merchant discount fee violates antitrust provisions of the Sherman Act (The Marcus Corp. v. American...

Class Opposed To Merger Of American, US Airways Appeals, Says Evidence Not Considered

NEW YORK - The class plaintiffs who opposed the merger of bankrupt American Airlines Inc. and US Airways Group Inc. by filing an adversary complaint in the bankruptcy of American Airlines' parent company, AMR Corp., on Dec. 19 filed a designation of appeal contending that evidence presented in the...

U.S. High Court: State's Lawsuit On Behalf Of Citizens Is Not Mass Action

WASHINGTON, D.C. - A state's lawsuit seeking restitution for itself and its citizens, in which it is the only named plaintiff, does not qualify as a mass action under the Class Action Fairness Act (CAFA), the U.S. Supreme Court ruled unanimously on Jan. 14 (State of Mississippi, ex rel. Jim Hood...

9th Circuit Upholds Dismissal Of Credit Card Fees Suit

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 21 affirmed a federal court's dismissal of a putative class action brought by credit cardholders alleging that banks violated the U.S. Constitution via their over-limit and late fees, finding that the substantive due process jurisprudence...