LexisNexis® Legal Newsroom
Statistical Programs Under Antitrust Scrutiny

Information exchanges, such as statistical programs, drew considerable attention at the marquee Spring Meeting of the American Bar Association Section of Antitrust Law this month. Two cases merit consideration because there was no evidence in either case that the information exchanges lead to price fixing...

American Express Co. v. Italian Colors Restaurant: A Class Action Waiver in an Arbitration Agreement Will Be Strictly Enforced under the Federal Arbitration Act

by Leo Caseria and David Garcia The Supreme Court on June 20 continued its recent trend of strictly enforcing the terms of arbitration agreements, holding that a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act (FAA) even if the cost of proving an individual...

U.S. Government, 6 States Seek Injunction Blocking Merger of American, US Airways

WASHINGTON, D.C. — (Mealey’s) The U.S. Department of Justice on August 13 filed a lawsuit against US Airways Group Inc. and AMR Corp., the parent company of American Airlines Inc., seeking a full injunction to prevent the proposed merger of the two airlines on grounds that it violates federal...

U.S. Supreme Court Will Review State-Action Ruling In FTC Case

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on March 3 agreed to review a Fourth Circuit U.S. Court of Appeals ruling sustaining the FTC’s determination that dentists in North Carolina, through the North Carolina Board of Dental Examiners, are conspiring to exclude non-dentists...

Law Profs Against Comcast-TimeWarnerCable Merger

Last week a number of law professors, led by Dan Sokol, sent a letter to the FCC opposing the Comcast/TimeWarnerCable transaction. You'll remember that this deal requires not only anti-trust approval but also approval of the FCC. In fact, it requires a determination by the FCC that the merger is...

Jury Verdict Reached in Apple’s Favor in Antitrust Class Action

OAKLAND, Calif. — (Mealey’s) In the first day of deliberation after 10 days of oral arguments, a California federal jury today found that firmware and software updates that Apple Inc. made to its iTunes and iPod products were “genuine product improvements” and, therefore, did...

The Second Circuit’s Apple eBooks Opinion

by Thomas D. Nevins The Second Circuit affirmed the district court and held, 2 to 1, that defendant Apple Inc. had violated Section 1 by masterminding the creation, organization and implementation of a conspiracy by five publishers of ebooks that benefited Apple, as Apple intended, by eliminating...

Ninth Circuit Affirms Dismissal of Challenge to Alleged Horizontal Adoption of Minimum Advertised Prices

by Thomas D. Nevins In what has been described as the latest opinion on the use of hub and spoke theories to allege conspiracies in violation of Section 1 of the Sherman Act, the plaintiffs took the position that the viability of their claims depended exclusively on whether they had adequately alleged...