Antitrust Law Daily Wrap Up, SUPREME COURT DOCKET: Recent decisions, cases, and petitions pending High Court review, (Oct 15, 2014)

This Antitrust Law Daily feature presents a chart highlighting the decisions, arguments, briefs, and petitions on antitrust and trade regulation issues before the October 2014 Term of the U.S. Supreme Court.

To date, there are 12 antitrust and trade regulation cases docketed for the October 2014 term and the Court has agreed to hear three of them, relating to antitrust. Five other cases, involving acquisitions and mergers, advertising, antitrust, and consumer protection were denied certiorari.

In Gelboim v. Credit Suisse Group AG, purchasers of bonds with interest rates linked to the London Interbank Offered Rate ask whether and in what circumstances is the dismissal of an action that has been consolidated with other suits immediately appealable. The petitioners specifically seek review of the Second Circuit’s decision to dismiss their appeal on the ground that a final order had not been issued, when the purported order did not dispose of all claims in the consolidated action. According to the purchaser’s petition for certiorari, the purchasers are requesting that the Court resolve a four-way circuit conflict over this issue.

In North Carolina State Board of Dental Examiners v. FTC, the North Carolina State Board of Dental Examiners (NCSBDE) petitioned the Supreme Court for certiorari, asking whether—for purposes of the state-action exemption from federal antitrust law—an official regulatory board created by state law may properly be treated as a “private” actor simply because—pursuant to state law—a majority of the board’s members are also market participants who are elected to their official positions by other market participants. The petitioners are seeking review of the U.S. Court of Appeals in Richmond, Virginia’s decision upholding that FTC’s finding that the NCSBDE excluded non-dentist providers from the market for teeth whitening services in violation of Sec. 5 of the FTC Act. Oral arguments were held on October 14, 2014.

In Oneok, Inc. v. Learjet, Inc., natural gas companies ask whether the Natural Gas Act preempted state-law claims challenging industry practices that directly affected the wholesale natural gas market when those claims were asserted by litigants who purchased gas in retail transactions. The petitioners seek review of the U.S. Court of Appeals in San Francisco’s decision, finding that Section 5(a) of the Natural Gas Act did not preempt natural gas buyers’ claims under state antitrust laws for price manipulation associated with transactions falling outside the jurisdiction of the Federal Regulatory Commission.

For details about these and other petitions and cases pending before the Supreme Court, please consult the chart of antitrust and trade regulation cases awaiting decision in the 2014 term. Issued opinions, granted petitions, and pending petitions are listed separately, along with a summary of the questions presented and the current status of the case.

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