Antitrust Law Daily Wrap Up, SUPREME COURT DOCKET: Recent decisions, cases, and petitions pending High Court review, (Jun 17, 2015)
Organizations Mentioned:AU Optronics Corp.
By Greg Hammond, J.D.
This Antitrust Law Daily feature presents a chart highlighting the decisions, arguments, briefs, and petitions on antitrust and trade regulation issues before the 2014 Term of the U.S. Supreme Court.
Currently, there are eight antitrust and trade regulation cases that are awaiting Supreme Court Review. Since the opening of the 2014 term, the Court has issued an opinion in three antitrust cases; granted review in two additional advertising and privacy cases; and denied review in 22 other cases involving acquisitions and mergers, advertising, antitrust, consumer protection, and the Racketeer Influenced and Corrupt Organizations Act.
On June 15, the Supreme Court denied review of Hsiung v. U.S. (Dkt. 14-1121) and Motorola Mobility LLC v. AU Optronics Corp. (Dkt. 14-1122), declining to consider a supposed split between the Seventh Circuit and Ninth Circuit on the application of federal antitrust laws to a conspiracy to fix prices of thin-film transistor-liquid crystal display (TFT-LCD) panels. As a result, a $500 million fine imposed on Taiwanese electronics manufacturer AU Optronics Corp. and its U.S. subsidiary will stand. Hsiung sought review of a decision of the U.S. Court of Appeals in San Francisco, and Motorola Mobility sought review of a decision of the U.S. Court of Appeals in Chicago.
On June 8, the High Court denied review of SuperValu Inc. v. D&G, Inc. (Dkt. 14-891), in which it was asked to consider the applicability of the per se rule to acquisition agreements that contain geographic non-compete pacts and to agreements whose competitive nature and effects remain unclear at summary judgment. Left standing is a decision of the U.S. Court of Appeals in St. Louis reversing summary judgment in favor of the wholesalers in an action brought by grocers, alleging a conspiracy to divide markets.
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, pending petitions, and denied petitions are listed separately, along with a summary of the questions presented and the current status of each case.
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