Antitrust Law Daily Wrap Up, SUPREME COURT DOCKET: Recent decisions, cases, and petitions pending High Court review, (Dec 10, 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 11 antitrust and trade regulation cases docketed for the October 2014 term and the Court has agreed to hear three of them, relating to antitrust. Eight other cases—involving acquisitions and mergers, advertising, antitrust, consumer protection, and the Racketeer Influenced and Corrupt Organizations Act—were denied certiorari.

Oral arguments were heard yesterday in Gelboim v. Credit Suisse Group AG (Dkt. 13-1174) regarding whether, and in what circumstances, the dismissal of an action that has been consolidated with other suits is immediately appealable. Petitioners argued that the dismissal of a single action consolidated with similar LIBOR manipulation actions was appealable for three reasons: (1) a judgment was entered in the action; (2) no judgment was entered in the multidistrict litigation; and (3) Federal Rule of Civil Procedure 54(b) did not apply, because the whole action was dismissed.

In SD-3C, LLC v. Oliver—a companion case to Panasonic Corp. v. Samsung Electronics Co., Ltd. (Dkt. 14-540), petitioners are seeking review of a decision by the U.S. Court of Appeals in San Francisco that found price fixing conspiracy claims with respect to the licensing of patents for SD digital memory cards not time-barred. The petitioners ask: (1) Whether the Ninth Circuit erred when it held that Petitioners are subject to antitrust suits seeking injunctive relief against the foundational terms of a decade-old standard setting and technology licensing arrangement for as long as third parties continue to make sales of goods embodying that technology? and (2) Whether the Ninth Circuit erred when it treated its statute of limitations analysis as dispositive on the issue of laches, without considering the broader equitable issues associated with permitting challenges to long-settled business arrangements?

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 each case.

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