Don Hibner

Don Hibner

Sheppard Mullin Richter & Hampton LLP

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American Quarter Horse Association Rule Against Registration of Cloned Horses Found Not To Violate Sherman Act

A Matsushita “Quick Look” Analysis Demonstrates that While Plausible, No Evidence Supports An Actionable Conspiracy or Monopoly. Abraham & Veneklasen Joint Venture et al. v. Am. Quarter Horse Ass’n, 776 F.3d 321 (5th Cir....more

4/1/2015 - American Quarter Horse Assoc Clones Restraint of Trade Rule-of-Reason Analysis Sherman Act

Revised “Fred Meyer Guides” Leave Treatment of Key Robinson-Patman Act Provisions Unchanged

While hardly ever enforced in modern times by government enforcement agencies, and rarely the subject of antitrust treble damage actions, Sections 2(d) and (e) of the Robinson Patman Act (15 U.S.C. §§ 13(d) and (e)) have had...more

2/24/2015 - Advertising Antitrust Litigation Antitrust Provisions Clorox Costco Declaratory Relief Discount Retailers Fred Meyer Fred Meyer Guides FTC Grocery Stores Injunctive Relief Robinson-Patman Act Sam's Club

Allegations That Designer Wedding Dress Line Constitutes A Relevant Product Market Found Implausible

Allegations that a highly specialized designer line of wedding dresses lacks reasonable substitutes fail to support allegations of Sherman Act violations for price fixing and group boycott claims.  House of Brides etc., v....more

12/31/2014 - Business Litigation Fashion Design Fashion Industry Price-Fixing Retailers Sherman Act Wholesale

Agricultural Cooperative Antitrust Litigation Continues to Mushroom

Pennsylvania District Court certifies five year ruling for interlocutory appeal, that mushroom cooperative is not immune from antitrust claims based upon “advice of counsel” argument. In Re Mushroom Direct Purchaser...more

11/6/2014 - Antitrust Litigation Capper-Volstead Act Food Manufacturers Interlocutory Appeals Manufacturers Multidistrict Litigation Price-Fixing Statutory Immunity

Allegations that Defendants Provided Product for “Free” State Claims Under California’s UPA and UCL, Notwithstanding that “Cost”...

Bebe Au Lait, LLC v. Mothers Lounge, LLC and Udder Covers, LLC, Case No. 5:13-CV-03035-EJD (N.D. Cal. Sept. 23, 2014) - Plaintiff Bebe Au Lait sells nursing covers. It was the first company to make and sell, pursuant...more

10/13/2014 - Patent Infringement Patent Litigation Patents Unfair Competition Unfair Trade Practices Act

Of Characterization and Common Sense: Court Holds That Erroneous Interpretation of Allegations of Complaint Doom Counterclaim to...

In In Re Processed Egg Products Antitrust Litigation, No. 2:08-Md.-02002-GP (E.D. Pa., June 10, 2014), the plaintiffs alleged that they purchased eggs from the defendant egg producing cooperatives, and that the plaintiffs had...more

7/1/2014 - Antitrust Litigation Farm Animals Food Labeling Promissory Estoppel Sherman Act

Beyond Truth, and Toward Repose: Price Increases Following “Merger to Monopoly” Do Not Rekindle Statute of Limitations

Z Technologies Corp. v. Lubrizol Corp., No. 2:12-cv-12206 (6th Cir., May 23, 2014). In February, 2007, Lubrizol Corporation made a “merger to monopoly” acquisition of the assets of a competitor. The acquisition...more

6/20/2014 - Asset Purchaser Consent Decrees Continuing Violation Theory Federal Trade Commission Act FTC Monopolization Petroleum Section 5 Section 7 Sherman Act Statute of Limitations

FTC v. Actavis on Remand: A New Chapter

District Court refuses to grant renewed motion to dismiss based on Noerr-Pennington doctrine. In re AndroGel Antitrust Litigation (No. II), MDL No. 2084 (re Federal Trade Commission v. Actavis, Inc., No. 1:09-CV-955-TWT)...more

5/29/2014 - Actavis Inc. ANDA Antitrust Litigation FTC FTC v Actavis Motion to Dismiss Noerr-Pennington Doctrine Patent Infringement Patent Litigation Patents Remand SCOTUS Sherman Act

De Facto Exclusive Dealing: What a Difference a Day Makes

In Competition Law360, September 4, 2013, we reported on the dismissal of a complaint which alleged, inter alia, exclusive-dealing claims in a market described as the management and distribution of “photographs in rich media...more

12/17/2013 - Antitrust Litigation Exclusive Dealing Agreements Hospitality Industry Restaurant Industry Sherman Act

Failure to Adequately Allege Lack of Supply Cross-Elasticity Dooms Attempted Monopolization Action to "Quick Look" Dismissal

GULF STATES REORGANIZATION GROUP, INC. V. NUCOR CORP. (11th Cir. July 15, 2013) No. 11-14983. - In 1999, Gulf States Steel, Inc., a participant in a market described as “black hot rolled coil steel” filed a petition...more

9/10/2013 - Chapter 7 Commercial Bankruptcy Dismissals Monopolization Supply Chain

Antitrust Exclusive Dealing Claims Given "Short-Shrift" in Dismissal. How Long Is Short? An Analysis in Search of Context

The Federal District Court for the Central District of California, sitting in Santa Ana, recently dismissed antitrust claims in an action between competitors in a market described as the management and distribution of...more

8/21/2013 - Antitrust Litigation Competition Dismissals Exclusive Dealing Agreements Twombly/Iqbal Pleading Standard

Claims of Providing Truthful Marketing Information to Airports Issuing Bids for Duty Free Shops Fails to Allege Actionable...

Conclusary allegations of parallel business conduct which are in the economic self-interest of the actor do not state an actionable antitrust claim. Duty Free Americas, Inc. v. The Estée Lauder Companies, Inc., Case O:...more

6/26/2013 - Airports Bids Conspiracies Duty Free Marketing Monopolization

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