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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 ...
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...
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...