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 - 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...

Mealey's Antitrust/Unfair Competition - California's Top Court Says Suit Alleging Employee Misclassification Can Proceed

SAN FRANCISCO - The Federal Aviation Administration Authorization Act (FAAAA) does not preempt a California unfair competition law (UCL) lawsuit filed by the state alleging that a trucking company misclassifies drivers as independent contractors in order to avoid paying payroll taxes or provide workers'...

Mealey's Antitrust/Unfair Competition - Quaker Oats To Remove Trans Fat Ingredients Under UCL Settlement

SAN JOSE, Calif. - The Quaker Oats Co. will remove trans fat ingredients from dozens of oatmeal and snack bar products for at least 10 years under a settlement of class action unfair competition law (UCL) claims approved July 29 by a California federal judge (In Re Quaker Oats Labeling Litigation, No...

Mealey's Antitrust/Unfair Competition - Standing Lacking For UCL Claim In Foreclosure Dispute, 9th Circuit Affirms

PASADENA, Calif. - Homeowners' wrongful foreclosure claims against mortgage lenders, including a claim under California's unfair competition law (UCL), alleging that the assignment of their home loan obligation to a securitized investment trust was void because it did not comply with the pooling...

Mealey's Antitrust/Unfair Competition - Judge Rejects Apple's, Google's $324M Settlements In Employees' Conspiracy Suit

SAN JOSE, Calif. - A federal judge in California on Aug. 8 rejected $324.5 million partial class action settlements between employees and Apple Inc., Google Inc., Intel Corp. and Adobe Systems Inc. on the employees' claims that the high-tech companies conspired to fix and suppress employee compensation...

Mealey's Antitrust/Unfair Competition - Chat Site Operator Denied Subpoena Request For UCL Claims Against Spammers

SAN FRANCISCO - A company that operates a Web platform for chatting online cannot conduct early discovery to identify domain name owners accused of spamming the website in violation of California's unfair competition law (UCL) because the company did not first make a sufficient effort to identify...

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 - 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 - 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 - 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...