Mealey's Antitrust/Unfair Competition - Judge Imposes Injunction Against NCAA In Student Compensation Antitrust Case

OAKLAND, Calif. - The National Collegiate Athletic Association (NCAA) rules barring student athletes from receiving a share of the revenue that the NCAA and its member schools earn from the sale of licenses to use the student athletes' names, images and likenesses in video games, live game telecasts...

Mealey's Antitrust/Unfair Competition - MDL Judge Grants Drugmaker Judgment On Claims That It Marketed Celexa Unlawfully

BOSTON - The Massachusetts federal judge overseeing multidistrict litigation involving the antidepressant drug brands Celexa and Lexapro on Aug. 8 granted summary judgment to the manufacturer of Celexa on a California man's claims that the company violated that state's unfair competition law...

Mealey's Antitrust/Unfair Competition - Appeals Court: Noncompete Agreement Suit Not Aimed At Protected Activity

SANTA ANA, Calif. - Two companies' cross-claims under California's unfair competition law (UCL) that a rival company used illegal noncompete agreements with its employees to unlawfully compete with its competitors are not barred by the state's law banning strategic lawsuits against public...

Mealey's Antitrust/Unfair Competition - Google Sanctioned For Minimal Discovery Production In AdWords Class Action

SAN JOSE, Calif. - Google Inc. did not fully comply with a discovery order by producing only information it believed was relevant to a particular category of data, a California federal magistrate judge ruled Aug. 8, granting in part a motion for sanctions by the lead plaintiff in a putative class action...

Mealey's Antitrust/Unfair Competition - UCL Class Allegations Against EBay, PayPal Survive Motion To Dismiss

OAKLAND, Calif. - Some class action allegations against eBay Inc. and PayPal Inc. under California's unfair competition law (UCL) fail because they are based on contract terms that users agree to, but allegations based on unfair exercise of discretion by eBay and arbitrary monetary holds by PayPal...

Mealey's Antitrust/Unfair Competition - Antitrust Suit Against MLB, NHL, Distributors Over Showing Of Games Continues

NEW YORK - Consolidated putative antitrust class actions related to live-game video offerings against Major League Baseball (MLB) and the National Hockey League (NHL) and their member clubs and against multichannel video programming distributors (MVPDs) Comcast and DirecTV and their affiliated regional...

Mealey's Antitrust/Unfair Competition - UCL Food-Labeling Claims Must Await FDA Ruling, Federal Judge Rules

SAN DIEGO - Another class action lawsuit alleging that a food company violates California's unfair competition law (UCL) by misbranding sugar in its products as "evaporated cane juice" must await a final ruling by the Food and Drug Administration on the common name for sweeteners derived...

Mealey's Antitrust/Unfair Competition - Class Action Alleges Hyundai Concealed Stalling Defect In Santa Fe Vehicles

SAN FRANCISCO - Two California residents on Aug. 8 filed class action claims in a federal court alleging that Hyundai Motor Co. violated federal and state laws, including the unfair competition law (UCL), by intentionally concealing a hazardous stalling defect in Santa Fe vehicles and by making false...

Mealey's Antitrust/Unfair Competition - Judge Dismisses Claims That Google Unlawfully Discloses User Info To App Sellers

SAN JOSE, Calif. - Absent any economic injury, a California woman cannot pursue class claims under the state's unfair competition law (UCL) alleging that Google Inc. unlawfully discloses users' personal information to third-party developers of mobile applications when users purchase apps in the...

Mealey's Antitrust/Unfair Competition - Surgeon's Antitrust Claims Following Revocation Of Privileges Are Dismissed

CHICAGO - A federal judge in Illinois on Aug. 12 ruled that a surgeon whose staff and clinical privileges were revoked failed to allege antitrust injury because she maintained such privileges at other hospitals but that the surgeon could continue with her hostile work environment claims (Yelena Levitin...

Mealey's Antitrust/Unfair Competition - 11th Circuit Affirms Denial Of Class Certification In Pharmaceutical Tying Case

ATLANTA - A Florida hospital is an indirect purchaser and lacks standing to recover damages on claims that Astellas US LLC is forcing health care providers to buy its adenosine drug at a 450 percent markup compared to competitors' versions of the same drug by unlawfully tying the implied license...

Mealey's Antitrust/Unfair Competition - Price-Fixing Class Action Claims Against DIPF Sellers Will Continue

TRENTON, N.J. - Direct purchasers of ductile iron pipe fittings (DIPF) have adequately pleaded facts suggesting that sellers of DIPF engaged in a price-fixing conspiracy, a federal judge in New Jersey ruled Aug. 13 in denying the sellers' motions to dismiss (In re Ductile Iron Pipe Fittings [DIPF...

Mealey's Antitrust/Unfair Competition - Third-Party Payers' Depakote Off-Label RICO Case Dismissed With Prejudice

CHICAGO - An Illinois federal judge on Aug. 14 reconsidered her earlier decision and agreed with Abbott Laboratories Inc. and AbbVie Inc. that state law claims by three third-party payers (TPPs) related to the off-label marketing of the epilepsy drug Depakote should be dismissed with prejudice (Sidney...

Mealey's Antitrust/Unfair Competition - Support Firm Exceeded Scope Of Oracle's License Via Many Downloads, Judge Finds

LAS VEGAS - A software support services firm exceeded the scope of its developer license agreement with Oracle USA Inc. by downloading multiple copies of Oracle's database software when it was only licensed to download a single copy for application purposes, a Nevada federal judge ruled Aug. 13,...

Mealey's Antitrust/Unfair Competition - 9th Circuit: Barnes & Noble Site's Terms Of Use Not Binding Without Clear Assent

PASADENA, Calif. - A website hyperlink containing the Terms of Use (TOU) of Barnes & Noble Inc. (BN) did not sufficiently put a customer on notice of those terms, a Ninth Circuit U.S. Court of Appeals panel ruled Aug. 18, affirming a trial court's finding that the customer was not, therefore...

Mealey's Antitrust/Unfair Competition - California DA Seeks Relief From Stay In GM Bankruptcy To Oppose Suit's Removal

NEW YORK - Orange County, Calif., District Attorney Tony Rackauckas asked the U.S. Bankruptcy Court for the Southern District of New York on Aug. 19 for limited relief from the automatic stay in the General Motors Corp. bankruptcy proceedings to allow him to seek remand of his California suit against...

Mealey's Antitrust/Unfair Competition - Class Claims Insurer 'Tricked' Subscribers Into Skinny Networks

LOS ANGELES - Blue Cross of California misrepresented which providers its plans covered while transferring subscribers into limited-access Patient Protection and Affordable Care Act (ACA) "skinny networks" consisting of the cheapest medical services providers in an effort to save money, an...

Mealey's Antitrust/Unfair Competition - Indirect Purchaser May Seek Umbrella Damages Under California Antitrust Law

SAN FRANCISCO - An indirect purchaser of plasma-derivative protein therapies is not barred under California's antitrust statute from recovering as damages any overcharges it incurred in purchasing the protein therapies from nonconspirators, even if the purchaser would have paid a lower price in the...

Mealey's Antitrust/Unfair Competition - Bid-Rigging Claims Fail To State Conspiracy Claim, Federal Judge Rules

SAN DIEGO - Antitrust conspiracy claims related to the process through which service providers may compete for government contracts through the federal AbilityOne Program were dismissed by a federal judge in California on Aug. 20 (Bona Fide Conglomerate, Inc. v. SourceAmerica, No. 14cv0751, S.D. Calif...

Mealey's Antitrust/Unfair Competition - Magistrate Judge Grants Preliminary Approval To Work Expenses Deal

SAN FRANCISCO - National cleaning products company Hillyard Inc. will pay $750,000 to settle class claims that it violated California labor laws and unfair competition law (UCL) by failing to reimburse sales representatives for work-related expenses in a deal that received preliminary approval from a...

Mealey's Antitrust/Unfair Competition - Filed-Rate Doctrine Doesn't Bar Some Purchasers' Antitrust Claims, Judge Rules

PITTSBURGH - The filed-rate doctrine precludes the antitrust claims of individual and some small-group purchasers of health insurance against insurer Highmark Inc. and health care provider University of Pittsburgh Medical Center (UPMC), but the filed-rate doctrine may not be applicable to claims of small...

Mealey's Antitrust/Unfair Competition - California Federal Judge Grants 1 Opt-Out, Denies 1 In CRT Settlement

SAN FRANCISCO - One company out of two that filed delinquent opt-out notices in a settlement between direct purchasers of cathode ray tube (CRT) products and two manufacturers was successful in convincing a California federal judge on Aug. 20 to find that its negligence was excusable (In Re: Cathode...

Mealey's Antitrust/Unfair Competition - Coke Mislabeling Claims Survive, But Not To Recoup Large Fee Award, Judge Says

OAKLAND, Calif. - A federal judge on Aug. 21 denied a bid by The Coca-Cola Co. to dismiss consumer class action claims that the company violated California's unfair competition law (UCL) by not listing phosphoric acid as an artificial flavor or chemical preservative on product labels. The judge then...

Mealey's Antitrust/Unfair Competition - Partner In Hangover Drink Venture Alleges Company Defrauded Him Out Of Shares

LOS ANGELES - The makers of the hangover prevention beverage NOHO cheated a former business partner out of more than $5 million in company shares, compensation and commissions by unlawfully canceling the partner's interest in the company, in violation of California's unfair competition law (UCL...

Mealey's Antitrust/Unfair Competition - Class Claims Target Sugar Content In Yogurt Sold By Whole Foods Market

LOS ANGELES - Supermarket chain Whole Foods Market Inc. dupes customers into buying its Greek yogurt products by vastly understating on the product labels how much sugar the yogurt contains, in violation of California's unfair competition law (UCL), according to a consumer class action complaint...