Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more
6/14/2024
/ Algorithms ,
Analytics ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Corporate Counsel ,
Data Reporting ,
Department of Justice (DOJ) ,
Dismissal With Prejudice ,
Federal Trade Commission (FTC) ,
Popular ,
Pricing ,
Sherman Act ,
Software ,
State Attorneys General ,
Statutory Violations
In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more
10/4/2023
/ Antitrust Litigation ,
Antitrust Provisions ,
Class Action ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Fast-Food Industry ,
Former Employee ,
Franchise Agreements ,
Hiring & Firing ,
Judgment on the Pleadings ,
McDonalds ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Restrictive Covenants ,
Sherman Act ,
Statutory Violations
The Second Circuit’s decision highlights that, whenever there are groups of plaintiffs that will obtain different categories of relief as a part of a settlement, both plaintiffs and defense counsel should seriously consider...more
11/9/2016
/ Anti-Competitive ,
Banking Sector ,
Banks ,
Class Action ,
Credit Cards ,
Due Process ,
FRCP 23(b)(2) ,
FRCP 23(b)(3) ,
Interchange Fees ,
MasterCard ,
Merchants ,
Settlement ,
Sherman Act ,
Visa Inc
Antitrust class action price-fixing claims are among the most costly corporate litigation your company or client can face. In many cases, plaintiffs seek to plead and prove the alleged cartel through alleged indirect...more
On June 20, 2013, the United States Supreme Court, in a 5-3 opinion in American Express Co. v. Italian Colors Restaurant, 2013 U.S. LEXIS 4700 (June 20, 2013), dealt yet another blow to antitrust plaintiffs’ ability to seek...more
On March 27, the United States Supreme Court, in a 5-4 opinion, further heightened plaintiffs’ burden in seeking class certification. The Court held that, under Rule 23, plaintiffs must “‘tie each theory of antitrust impact’...more