Antitrust & Competition Legal Research & News
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Antitrust & Competition
TOP STORY—2d Cir.: AmEx ‘anti-steering’ claims dismissed based on efficient enforcer test
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...
ANTITRUST—D. Mass.: Monopolization claims go forward against Ranbaxy
November 29, 2021
Nicole D. Prysby, J.D.
Plaintiffs alleging that Ranbaxy fraudulently obtained first-to-file generic exclusivity for three drugs presented genuine issues of material fact as to monopoly power, causation, and RICO predicate offenses. Monopolization and related claims allegin...
ANTITRUST—N.D. Tex.: Antitrust claims brought by distributor against HVAC parts manufacturer fail
November 29, 2021
Nicole D. Prysby, J.D.
The distributor failed to sufficiently plead antitrust standing with allegations that the manufacturer integrated vertically into the distribution of its product in the relevant market and became a competitor of its distributors. All claims brought b...
ANTITRUST—W.D. Wash.: Sherman Act violations unproven against operator and seller of Steam PC games
November 29, 2021
Thomas K. Lauletta.
Complaints brought against Valve Corporation in two similar cases were dismissed for failure to plausibly allege antitrust liability under Sections 1 and 2 of the Sherman Act. The federal district court in Seattle, Washington handed down two dismissa...
FRANCHISING & DISTRIBUTION—5th Cir.: Question over retroactive application of Texas dealer law certified
November 29, 2021
Peter Reap, J.D., LL.M.
The Fifth Circuit asked the Texas Supreme Court to determine if retroactive application of the statute to a dispute would violate the Texas Constitution. In a dispute over a lift raft manufacturer’s termination of its oral dealer agreement with a dea...
ACQUISITIONS & MERGERS NEWS: Justice Department not sweet on sugar industry merger proposal
November 29, 2021
Jody Coultas, J.D.
U.S. Sugar announced in March that it was acquiring rival Imperial Sugar. United States Sugar Corporation’s (U.S. Sugar) proposed acquisition of rival Imperial Sugar Company (Imperial Sugar) would result in higher prices for sugar for U.S. consumers,...
ANTITRUST NEWS: OMI Urges Federal Scrutiny of Facebook’s ‘Digital Wallet’ Pilot Program
November 29, 2021
Jeff Williams
TR Daily The organization warns about potential for predatory pricing, conflicts of interest, market harms, and privacy issues. The Open Markets Institute (OMI) sent a letter to the Department of Justice, the FTC, the Securities and Exchange Commissi...
Antitrust & Competition
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...
Note to Subscribers
November 19, 2021
Antitrust Law Daily will not publish next week due to the Thanksgiving Day holiday. However, we will issue breaking news alerts for major developments during this period. We will resume publication on Monday, November 29, with the extensive coverage ...
ANTITRUST—N.D. Cal.: Expert on antitrust economics allowed to testify because her opinions were within accepted methodology
November 19, 2021
Robert B. Barnett Jr., J.D.
The expert will testify that the defendants’ actions raised prices well above what they would have been without the conspiracy. The plaintiffs’ antitrust economics expert will be allowed to testify that an alleged conspiracy among aluminum, tantalum,...
ANTITRUST—N.D. Cal.: Taxi company’s monopolization claims against Uber fail
November 19, 2021
Nicole D. Prysby, J.D.
The taxi company’s monopolization, PUC, and the bulk of its UCL claims against Uber failed but its UCL claim based on violation of the Lanham Act went forward. A taxicab company failed to allege market barriers related to its monopolization claims ag...
ANTITRUST—S.D.N.Y.: Most testimony from Vyera expert blocked in trial over alleged control of Daraprim market
November 19, 2021
Nicole D. Prysby, J.D.
The bulk of testimony offered by the former FDA chief counsel on behalf of Daraprim manufacturer Vyera was blocked as improper summary or because he was unqualified to offer opinions on business decisions made by generic drug manufacturers. The feder...
ANTITRUST NEWS: FTC responds to Facebook’s motion seeking dismissal of amended antitrust complaint
November 19, 2021
E. Darius Sturmer, J.D.
Agency’s brief argues that the amended pleading now sufficiently alleges social media giant’s monopoly power and details how it has maintained that monopoly position through anticompetitive Instagram and WhatsApp acquisitions as well as exclusionary ...
CONSUMER PROTECTION NEWS: FTC expands criminal referral program
November 19, 2021
Jody Coultas, J.D.
The consumer protection agency voted at an open meeting on the agency’s commitment to continuing to refer potential criminal violations and opportunities for strengthening this work. As part of its open meeting November 18, the FTC voted unanimously ...
WORTH NOTING—Other Antitrust and Trade Regulation developments
November 19, 2021
WK Editorial Staff
A periodic roundup of other items of interest to the Antitrust and Trade Regulation community: ANTITRUST NEWS: The U.S. Chamber of Commerce announced that it has submitted a series of filings and letters to the FTC “to strenuously object to the FTC’s...
Antitrust & Competition
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...
ADVERTISING—D. Or.: Oregon vacation rental property manager again fails to plead Lanham Act claim against global rival
November 18, 2021
E. Darius Sturmer, J.D.
Amended complaint’s allegations of smear campaign based upon ten phone calls to customers were still insufficient to qualify as the “widespread dissemination” necessary to constitute commercial advertising for a Lanham Act false advertising claim, co...
FRANCHISING & DISTRIBUTION—3rd Cir.: Dealer bound by settlement agreement to ‘forever’ forego purchase of Audi franchise
November 18, 2021
George Basharis, J.D.
A dealer was permanently bound by the terms of the settlement even though the settlement did not resolve all issues in underlying litigation between an Audi franchisee, Audi of America, and the multinational dealer group seeking to purchase all the f...
FRANCHISING & DISTRIBUTION—Mo. Ct. App.: Honda dealer’s request for increase in warranty parts reimbursement rate denied
November 18, 2021
Brian Craig, J.D.
Honda had good cause to find that the actual markup the dealer charged retail customers for non-warranty parts and its related requested reimbursement rate was not reasonable. In a challenge brought by a Honda motor vehicle dealer based in Missouri a...
AGENCY NEWS: Senator Cruz calls FTC nominee Bedoya ‘extremist’
November 18, 2021
Lynn Stanton
TR Daily Biden’s nominee for FTC Commissioner, Bedoya has a privacy background. During a nominations hearing of the Senate Commerce, Science, & Transportation Committee, FTC Commissioner nominee Alvaro M. Bedoya was asked by Republican members to ans...
ANTITRUST NEWS: Credit card holders asks Court to weight in on hidden card fee dispute
November 18, 2021
Kenneth H. Ryesky, M.B.A., J.D.
Credit card holders claim that they have standing to challenge antitrust violations for hidden fees. Credit card and debit card holders have petitioned the U.S. Supreme Court for certiorari following the Second Circuit's affirmation of a district cou...
BLOG TRACKER—Noteworthy blog posts and other commentary
November 18, 2021
WK Editorial Staff
The week’s most insightful, intriguing, or entertaining blog posts regarding antitrust and trade regulation issues. Antitrust Today Blog, The UK’s Competition Appeal Tribunal: Change at the Top, and a New Practice Direction on Witness Statements , by...
Antitrust & Competition
TOP STORY—3rd Cir.: McCarran-Ferguson Act shields insurer agreement not to cover telemetry
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...
ANTITRUST—M.D. Pa.: Healthcare workers’ no-poach antitrust claim survives hospitals’ motion to dismiss
November 17, 2021
George Basharis, J.D.
A no-poach agreement between two hospitals was the basis of an actual injury suffered by healthcare workers because it reduced job ability and wages for the workers. Claims by healthcare workers against two Pennsylvania hospitals survived a motion to...
ANTITRUST—S.D. Cal.: Summary judgment determinations made in packaged tuna price-fixing case
November 17, 2021
Steven D. Cole, J.D.
The court ruled on the extent to which StarKist’s guilty plea in the criminal proceeding had on the civil antitrust litigation concerning the same conspiracy, including determinations as to the timing of its participation in the scheme. A federal dis...
FRANCHISING & DISTRIBUTION—W.D. Mich.: Dominican boat dealer awarded damages for breach of contract by Michigan manufacturer
November 17, 2021
Kenneth H. Ryesky, M.B.A., J.D.
Dealer presented sufficient evidence that the manufacturer failed to deliver under their dealership agreement. The federal district court in Grand Rapids, Michigan found that a boat manufacturer who had given termination notice to a Dominican Republi...
ANTITRUST NEWS: Kanter confirmed as head of Justice Department’s Antitrust Division
November 17, 2021
WK Editorial Staff
The confirmation of President Biden’s nominee Jonathan Kanter to lead the Antitrust Division, was welcomed by progressives and received substantial votes from across the aisle. The Senate confirmed Jonathan Kanter by a 68-29 vote on October 16 to be ...
SUPREME COURT DOCKET—Recent decisions, cases, and petitions pending High Court review
November 17, 2021
Jody Coultas, J.D.
The decisions, arguments, briefs, and petitions concerning antitrust and trade regulation issues before the October 2021 Term of the U.S. Supreme Court are presented in this Antitrust Law Daily feature. The Supreme Court has been asked to settle a ci...
Antitrust & Competition
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...
ANTITRUST—S.D.N.Y.: FTC expert to testify on alleged Vyera control of Daraprim market
November 16, 2021
Justin Marcus Smith, J.D.
The government expert’s testimony fell within the expert’s qualifications as an economist, whereas questioning his conclusions would be proper for cross examination, not exclusion. The federal district court in New York City allowed the FTC to presen...
FRANCHISING & DISTRIBUTION—E.D. Mo.: Missouri law governs wrongful death case against Hardee’s
November 16, 2021
Brian Craig, J.D.
Missouri law, rather than Jordanian law, governs the wrongful death negligence claim based on respondeat superior or negligent supervision. The federal district court in St. Louis, Missouri has concluded that Missouri law governs the wrongful death n...
ANTITRUST NEWS: FTC Commissioner blasts agency leadership ‘Neo-Brandeisians’
November 16, 2021
Jeffrey H. Brochin, J.D.
In remarks before the American Bar Association’s Antitrust Law Section’s 2021 Fall Forum, Commissioner Wilson cites four mistakes by current FTC leadership that will damage the economy and do grave harm to the institution of the FTC. On November 8, 2...
ANTITRUST NEWS: Nat’l Association of Realtors contends that reopening of antitrust investigation is breach of settlement agreement
November 16, 2021
E. Darius Sturmer, J.D.
Trade group files response to Justice Department’s opposition of NAR petition seeking to set aside recently-issued document requests for information about the same policies that were challenged as anticompetitive by the agency in an action initiated ...
ANTITRUST NEWS: Sixteen states and Puerto Rico file third amended complaint against Google
November 16, 2021
Elizabeth C. Pope, J.D.
The plaintiffs restated their federal and state antitrust complaints against Google’s alleged “antitrust evils” as part of a broader multidistrict litigation. Sixteen states and Puerto Rico have filed a third amended complaint alleging that Google “h...