LexisNexis® Legal Newsroom
Supreme Court Denies Challenge to Judge’s Practice in Appointing Class Counsel

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Nov. 18 denied a petition for review filed by a class member who objected to the settlement of a class suit accusing Sirius XM Radio Inc. of antitrust violations in connection with the 2008 merger of the only two providers of satellite...

U.S. Supreme Court Denies Stay of American Airlines Merger With US Airways

WASHINGTON, D.C. — (Mealey’s) U.S. Supreme Court Justice Ruth Bader Ginsburg on Dec. 8 denied an emergency application by individual airline customers seeking to prevent the merger of bankrupt American Airlines Inc. and US Airways Group Inc. The customers had argued that the merger violates...

$8 Billion Collected by Justice Department in Civil and Criminal Cases in Fiscal Year 2013

The Justice Department collected a lot of money in civil and criminal cases during the last fiscal year. Attorney General Eric Holder totaled it up, and came to at least $8 billion. “The department’s enforcement actions not only help to ensure justice is served, but also deliver a valuable...

U.S. High Court: State’s Lawsuit On Behalf Of Citizens Is Not Mass Action

WASHINGTON, D.C. — (Mealey's) A state’s lawsuit seeking restitution for itself and its citizens, in which it is the only named plaintiff, does not qualify as a mass action under the Class Action Fairness Act (CAFA), the U.S. Supreme Court ruled unanimously Jan. 14 ( State of Mississippi...

$544.8 Million in Attorneys’ Fees Awarded in Credit Card Class Action

The U.S. District Court for the Eastern District of New York has granted attorneys’ fees in the amount of $544.8 million, and expenses in the amount of $27,037,716.97, in the antitrust class action brought in 2005 by merchants against Visa, MasterCard, and a number of banks, alleging that the defendants...

Health Care Reform and the Antitrust Laws: Big Concerns for Health Care Organizations and Their D&O Insurers

In a recent industry study concluding that health care organizations face increasing rates for management liability insurance, as well as tightening terms, one of the explanations suggested for these restrictive conditions is that the carriers are concerned that as health care organizations respond to...

Norton Rose Fulbright: 10 Things to Know About EU Antitrust Enforcement and Regulation in the Energy Sector

Key industry sectors Energy Introduction EU antitrust rules apply to energy companies/projects both in and outside the EU EU regulatory regime applies in parallel to antitrust rules Access to infrastructure EU merger review rules differ significantly from rules applicable in...

Bridgestone to Plead Guilty to Price Fixing on Automobile Parts and Will Pay $425 Million Criminal Fine

Bridgestone Corp., a Tokyo, Japan-based company, has agreed to plead guilty and to pay a $425 million criminal fine for its role in a conspiracy to fix prices of automotive anti-vibration rubber parts installed in cars sold in the United States and elsewhere. According to a one-count felony charge...

LCD Court Dismisses Motorola’s Multi-Billion Dollar Antitrust Claims Based On Overseas Purchases

by Dylan Ballard and Nadezhda Nikonova On January 23, in a landmark decision that is one of the most important yet to be handed down in the sprawling LCD antitrust litigation pending in various federal courts since 2006, Judge Joan Gottschall of the Northern District of Illinois dismissed plaintiff...

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...

Does a D&O Policy That Expressly Covers Antitrust Claims Exclude Antitrust Damages?

By Seth Lamden According to the court in William Beaumont Hospital v. Federal Insurance Co ., No. 13–1468 (6th Cir. Jan. 16, 2014) [ enhanced version available to lexis.com subscribers ], the answer is "no." The court in that case held that a hospital's settlement of a private...

DLA Piper: Merger Enforcement Actions Below The HSR Threshold ˗ Top 10 Tips In Non-Reportable Transactions

By Steven Levitsky and Paolo Morante “Less is more” may be true in architecture, but in merger clearance law, “less” is still enough to trigger antitrust investigations and litigation and rescission of the whole transaction. By “less,” we mean less than the Hart...

DLA Piper: California Federal Court Finds 1st Amendment Does Not Preclude Sporting Event Participants From Asserting Right-of-Publicity Claims Against Broadcasters

By Matt Ganas | On April 11, 2014, a California federal court issued a First Amendment ruling that has potentially significant implications for broadcasters in the sports-media industry. Specifically, the Northern District of California’s Judge Claudia Wilken held that “the First Amendment...

Pfizer To Pay $325M To Settle Neurontin 3rd-Party Payer, Antitrust Class Action

BOSTON — (Mealey’s) Pfizer Inc. has agreed to a $325 million class settlement of claims by third-party payers that allege that the off-label promotion of the epilepsy drug Neurontin violated the Racketeer Influenced and Corrupt Organizations Act and that the drug maker’s efforts to...

Cadwalader Clients & Friends Memo: FERC Versus State Authorities: Supreme Court Agrees to Review ONEOK v. Learjet

On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that antitrust claims filed against them under state law over alleged manipulation of gas prices during the western energy crisis from 2000 to 2002 were precluded by the Natural Gas Act (“...

Ballard Spahr LLP: NCAA Cannot Bar Compensation of Student-Athletes for Use of Their Names and Likenesses, Federal Court Says

By Stephen J. Kastenberg and Marcel S. Pratt A recent California federal court decision has further lifted the thumb on the scales that has historically benefited collegiate athletics in weighing whether their association rules violate the federal antitrust laws. In so doing, the court ruled that...

Bundled Discounts Subject to Section 1/Clayton 3 Scrutiny In the Absence of Market Power and Substantial Foreclosure?

by Bruce Colbath Bundled discount programs have received significant antitrust scrutiny over the past decade, even though these marketing programs may benefit both consumers and competition. Typically, bundled discounts have been evaluated as either exclusive dealing or tying arrangements under Section...

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...

DLA Piper Health Systems Alert: When A State Agency Strays Into Antitrust Liability: 4 Practical Tips About Professional Self-Interest

By Steven Levitsky and Lesli C. Esposito Are you a practicing physician who sits on a state licensing board? Is your business affected by a state board with practicing physicians on it? If you said yes to either question, you should read on. Actions of state agencies are normally immune from...

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...

DLA Piper: Federal Court Blocks Rule Restricting Telemedicine Practice In Texas

By Nathan Fish and Frank E. Sheeder A federal court has temporarily enjoined the Texas Medical Board (TMB) from implementing and enforcing a rule restricting the practice of telemedicine pending resolution of an antitrust lawsuit filed by Teladoc, Inc. The temporary injunction represents a small victory...

DLA Piper LLP Health Systems Alert: CON Laws, COPAs And The FTC: 7 Antitrust Points For The Health Care Sector

By Lesli C. Esposito and Steven Levitsky The Federal Trade Commission is on a roll in its attack on what it considers anti-competitive effects in the healthcare industry. And that roll has consistently involved challenging activity that once appeared to be protected by state laws. Now, the FTC...

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...

McNees Wallace & Nurick: Health Care Consolidations: Complex Maneuvers In A High-Stakes Environment

By John W. Greenleaf III In today’s shifting health care landscape, providers are consolidating and forming strategic partnerships that position them to offer comprehensive, high-quality services at reasonable costs. Motivations vary, but in any merger, all parties want the same outcome –...