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Antitrust & Competition

TOP STORY—2d Cir.: AmEx ‘anti-steering’ claims dismissed based on efficient enforcer test

November 29, 2021 | By Kenneth H. Ryesky, M.B.A., J.D.

Merchants who do not accept American Express cards lack standing to sue American Express for antitrust violations. In class action litigation against the American Express Company and American Express Travel Related Services Company (AmEx) alleging an...

TOP STORY—2d Cir.: AmEx ‘anti-steering’ claims dismissed based on efficient enforcer test

Antitrust & Competition

TOP STORY—S.D. Fla.: Suit alleging conspiracy to suppress stock prices was dismissed in absence of a conspiracy

November 19, 2021 | By Robert B. Barnett Jr., J.D.

A few vague emails between two firms in an otherwise lawful business relationship was not enough to “nudge the claims across the line from conceivable to plausible.” A Sherman Act claim brought by individual investors against Citadel Securities, vari...

TOP STORY—S.D. Fla.: Suit alleging conspiracy to suppress stock prices was dismissed in absence of a conspiracy

Antitrust & Competition

TOP STORY—D. Kan.: $115M awarded to class counsel in $345M approved settlement with Pfizer over EpiPen monopolization

November 18, 2021 | By Justin Marcus Smith, J.D.

The court entered a final order awarding class counsel $115M in fees, plus nearly $10M in expenses, with the balance of the $345M settlement to be paid 80% to third party payors and 20% to consumers. The EpiPen antitrust litigation concluded with the...

TOP STORY—D. Kan.: $115M awarded to class counsel in $345M approved settlement with Pfizer over EpiPen monopolization

Antitrust & Competition

TOP STORY—3rd Cir.: McCarran-Ferguson Act shields insurer agreement not to cover telemetry

November 17, 2021 | By Jeffrey May, J.D.

Antitrust Division had asked the appellate court to reject the lower court’s interpretation of the antitrust exemption. Third Circuit held that the conduct was sufficiently regulated under state law. Blue Cross Blue Shield Association and locally ope...

TOP STORY—3rd Cir.: McCarran-Ferguson Act shields insurer agreement not to cover telemetry

Antitrust & Competition

TOP STORY—5th Cir.: Golf entertainment center’s antitrust claims against rival over acquisition of software provider fail again

November 16, 2021 | By Nicole D. Prysby, J.D.

There was no substantially different evidence or change in controlling authority since the previous dismissal of the claims on the ground that the claimed injury was merely speculative. A golf entertainment center failed to demonstrate any new eviden...

TOP STORY—5th Cir.: Golf entertainment center’s antitrust claims against rival over acquisition of software provider fail again