Recent Posts

Jury Finds Chinese Vitamin C Makers Fixed Prices; $153.3M Judgment Entered
Posted on 15 Mar 2013 by Joan Grossman

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... Read More

High Court Hears Oral Arguments In Antitrust Class Certification Case
Posted on 6 Nov 2012 by Joan Grossman

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... Read More

Developments in U.S. Liner Antitrust Immunity Review
Posted on 15 Mar 2011 by Corporate and Securities Law Community Staff

The Shipping Act of 2010 was really only a starting point, however, which was intended to open the debate, and a variety of factors suggest that liner antitrust immunity will remain a live issue during the 112th Congress. This article was originally published... Read More

District Court in Potato Antitrust Class Action Takes Unusual Step and Issues An Advisory Opinion
Posted on 18 Jan 2012 by Abbey Spanier

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... Read More

After Twombly and Iqbal: Motions to Dismiss in Parallel Conduct Cases
Posted on 24 May 2012 by Corporate and Securities Law Community Staff

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... Read More

It's Time for a Hail Mary Pass: the NFL and the Antitrust Laws
Posted on 30 Jun 2011 by Corporate and Securities Law Community Staff

Dr. Steven Schwartz is a Senior Vice President at NERA Economic Counseling where he specializes in antitrust, intellectual property, valuation, and damage estimation matters. He has directed and performed numerous antitrust analyses in connection with... Read More

New Jersey District Court Derails Plaintiffs’ Antitrust Claims in Ingenix Case
Posted on 2 Nov 2011 by Williams Mullen

by James M. Burns In 2008, the New York Attorney General launched an investigation into the manner in which Ingenix, a data collection subsidiary of UnitedHealth that calculated "usual and customary" ("UCR") provider charges for... Read More

Tags: Antitrust

DOJ Sues H&R Block
Posted on 24 May 2011 by Brian JM Quinn

The DOJ's Antitrust Division filed a suit to block H&R Block's proposed acquisition of TaxAct yesterday. H&R Block is in the process of learning a lesson (likely expensive) about what not to say in the run up to a deal. For example... Read More

McGuirl on Vertical Agreements for the Small-Firm Practitioner
Posted on 2 Feb 2010 by Corporate and Securities Law Community Staff

by Maureen McGuirl In this Emerging Issues commentary, Maureen McGuirl discusses conduct that presents antitrust risks for attorneys when reviewing contracts or business practices and otherwise advising clients. Ms. McGuirl sets out a frame work to... Read More

Tags: Antitrust

Brick By Illinois Brick: Ninth Circuit Builds High Wall For Indirect Purchaser Suits
Posted on 19 Oct 2012 by Sheppard, Mullin, Richter & Hampton LLP

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... Read More

Fans Sue Major League Baseball Over Video Presentation of Games
Posted on 15 May 2012 by LexisNexis® Mealey's™ Legal News

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... Read More

Third Circuit En Banc Review of Sullivan v. DB Investments, Inc
Posted on 5 Jul 2011 by William A.S. Magrath

by William A.S. Magrath William Magrath performs an in-depth analysis of the Third Circuit's en banc review of Sullivan v. DB Investments. Mr. Magrath notes that while a prediction of a decision based on the judges' questions during oral ... Read More

Antitrust Report Excerpt: Supreme Court Confirms Scope of Bell Atlantic Corp. v. Twombly in Ashcroft v. Iqbal
Posted on 13 Oct 2009 by Kaipo Matsumura & Gina Moon

View or Download an extended excerpt In Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), the U.S. Supreme Court clarified the standard applicable to a motion to dismiss, in the context of a Section 1 price fixing claim. In that case, the Court... Read More

Tags: Antitrust

High Court: Class Certification in Antitrust Case Was Improper
Posted on 27 Mar 2013 by Joan Grossman

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... Read More