Civil Procedure, Antitrust & Trade Regulation, Commercial Law & Contracts

California Court of Appeal Allows Injunction Under Unfair Competition Law To Prevent Horizontal Competitor From Diverting Business...

by Thomas Nevins | Sheppard Mullin Richter & Hampton LLP on 5/14/2013

For many years, California’s Unfair Competition Law had no traditional standing requirements. But since the passage of Proposition 64 in 2004, standing has been required, and standing continues to be litigated regularly. In...more

More Evidence that California May No Longer Follow the Per Se Rule in Vertical Pricing Fixing Cases

by Howard Ullman on 5/9/2013

In Kaewsawang v. Sara Lee Fresh, Inc., Case No. BC360109 (Cal. Los Angeles Superior Ct. May 6, 2013), the trial court dismissed a challenge to Sara Lee’s pricing practices brought under California’s state antitrust law, the...more

Insurance Antitrust Legal News - May 2013 • Volume 2, Number 3

by James M. Burns | Dickinson Wright on 5/2/2013

In This Issue: - STATE EFFORTS TO RESTRICT HEALTH INSURER USE OF “MOST FAVORED NATION” CLAUSES IN PROVIDER CONTRACTS CONTINUE TO MULTIPLY: Over the last several years, several states have considered legislation...more

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

by Demetrius Lambrinos | Zelle Hofmann Voelbel & Mason LLP on 4/24/2013

I. Introduction - There has been much debate concerning the scope of the Supreme Court’s recent decision in AT&T Mobility LLC v. Concepcion, and the enforcement of collective arbitration waivers — also called “class...more

It Is Becoming Tougher for Plaintiffs to Allege Harm to Competition

by Howard Ullman on 4/19/2013

It has long been the case that Sherman Act Section 1 Rule of Reason claims as well as Section 2 claims require proof of harm to competition. But the courts, particularly in the Ninth Circuit, have been tightening up on the...more

View From Proskauer: U.S. Supreme Court Provides Defendants With More Ammunition for Defeating Class Certification by Requiring...

by Jacklina Len | Proskauer - ERISA Practice Center on 4/16/2013

The U.S. Supreme Court recently ruled in Comcast Corp. v. Behrend, 2013 WL 1222646 (U.S. Mar. 27, 2013) that, in order to obtain class certification, plaintiffs carry the burden of establishing not only that they have proof...more

Monopolization Claims Against In-Flight Internet Provider Dismissed

by Howard Ullman on 4/15/2013

In Stewart v. Gogo, Inc., 2013 U.S. Dist. LEXIS 51895 (N.D. Cal. Apr. 10, 2013) (Chen, J.), a putative class of airline passengers challenged Gogo’s long-term exclusive contracts to provide Internet access connectivity to...more

Visa/MasterCard Interchange Fee Litigation – May 28, 2013 Deadline to Respond to Class Action Settlement Agreement

by Ropes & Gray LLP on 4/15/2013

All entities that accept Visa- or MasterCard-branded credit and/or debit cards must decide, on or before May 28, 2013, how to respond to the settlement agreement with Visa and MasterCard on behalf of a class covering...more

Supreme Court Raises the Bar to Class Certification

by Thomas Goodwin, Richard Hernandez, William O'Shaughnessy, David Reif, Eric Watt Wiechmann | McCarter & English, LLP on 4/11/2013

The United States Supreme Court has continued to raise the bar on class certification by requiring that plaintiffs be able to prove damages on a class-wide basis. In Comcast Corporation v. Behrend, a putative class alleged...more

United States Supreme Court Extends Class Certification “Rigorous Analysis” to Damages Evidence

by E.K. Cottrell, Kristen Wenger | Fowler White Boggs P.A. on 4/10/2013

The Supreme Court recently applied its “rigorous analysis” standard to class-wide damages evidence and reversed class certification. See Comcast Corp. v. Behrend, No. 11-864 (Mar. 27, 2013) (slip opinion). The “rigorous...more

Did You Know…A Sea Change In Class Action Certification

by Veronica Gray | Nossaman LLP on 4/9/2013

In Comcast v. Behrend, a class action case involving how much Comcast charged cable TV subscribers, the United States Supreme Court held that as a prerequisite for certification of a class action, a plaintiff must introduce...more

Big Developments in Class Actions Part 1: a “rigorous analysis” of Comcast Corp. v. Behrend

by Adam Dougherty | Winstead PC on 4/9/2013

In a very pro-employer/business opinion crafted by Justice Scalia, the U.S. Supreme Court rejected class certification for 2 million Comcast subscribers in an antitrust class action in Comcast Corp. v. Behrend, 516 U.S. ___...more

Litigation Alert: U.S. Supreme Court to Weigh In on Reverse Payment Deals

by Melanie Mayer, David Tellekson | Fenwick & West LLP on 4/3/2013

On March 25, 2013, the U.S. Supreme Court heard oral argument in FTC v. Actavis, Inc.,1 which is on appeal from the U.S. Court of Appeals for the Eleventh Circuit. This case addresses a type of patent litigation settlement...more

Comcast v. Behrend: Supreme Court Cuts Power To Cable-Television Customers' Class Action

by Joshua E. Roberts | Carlton Fields on 3/28/2013

After months of anticipation, the Supreme Court finally released its decision in Comcast Corp. v. Behrend, No. 11–864. In a 5-4 decision authored by Justice Scalia, the Court reversed the certification of a 23(b)(3) class of...more

Case Brief: Federal Trade Commission v. Watson Pharmaceuticals

by Kwame Mensah | McDonnell Boehnen Hulbert & Berghoff LLP on 3/26/2013

[Ed. The Supreme Court heard oral argument today in Federal Trade Commission v. Watson Pharmaceuticals. While Patent Docs will provide analysis regarding the oral argument in a subsequent post, we provide the following...more

Clearance: Proskauer's Quarterly Antitrust Update - Winter 2013

by Alan Kusinitz, Andrew Wellin | Proskauer Rose LLP on 3/21/2013

In This Issue: - Watson and Reverse Payments: An Opportunity to Resolve the Competing Tension Between Antitrust and Patent Law Under the Hatch-Waxman Act - Judge Posner on the Limits of the Per Se Rule against Price...more

Eighth Circuit Rules Equitable Estoppel Doctrine Cannot Be Used to Compel Non-Signatories to an Arbitration Agreement into...

by Carey Busen | BakerHostetler on 3/13/2013

Arbitration in the context of antitrust class action litigation continues to be a front and center issue for the federal appeals courts. (See this blog’s discussion of a Third Circuit decision from late last year, In re...more

Eaton Looks To U.S. Supreme Court For Help After Third Circuit Upholds

by Daniel Boland, Barbara Sicalides | Pepper Hamilton LLP on 3/7/2013

On February 25, 2013, Eaton Corporation (Eaton) filed a petition for certiorari to the United States Supreme Court seeking to reverse a jury verdict finding Eaton liable for illegal monopolization. In late 1999/early 2000,...more

Federal Court of Appeal Rules that Class Proceedings under the Competition Act Can Be Stayed on the Basis of an Arbitration Clause

by Stephanie Fujarczuk, Christopher Naudie, Mary Paterson | Osler, Hoskin & Harcourt LLP on 3/6/2013

The Federal Court of Appeal recently issued an important ruling in respect of the application of arbitration clauses to private actions and class proceedings involving claims of anti-competitive conduct under the Competition...more

A Dutch Court Hands Down the First Substantive Damages Judgment in the Netherlands for an Infringement of Competition Law

by David Henry, Wilko van Weert | McDermott Will & Emery on 2/27/2013

In a recent judgment, a District Court in the Netherlands (the DCA) handed down a judgment in what is the first substantive damages judgment in the Netherlands for a breach of competition law. In issuing the declaration of...more

Non-Signatories Lose In Two Federal Circuits When Trying To Enforce Arbitration

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 2/22/2013

Two federal circuit courts recently reversed district court decisions allowing non-signatories to compel arbitration. The analysis emphasizes that for a defendant to prove equitable estoppel compels arbitration, the...more

Getting the Deal Through – Cartel Regulation 2013: Global Overview and United States

by Peter Carney, Martin Toto | White & Case LLP on 2/8/2013

Global Overview: Continued aggressive cartel enforcement in 2012 Authorities around the world continued to vigorously enforce cartel law in 2012. Total fines increased in many jurisdictions, and authorities around the...more

California Supreme Court Clarifies Equitable Exceptions Applicable to Statute of Limitations in Unfair Competition Lawsuits

by Ropes & Gray LLP on 2/6/2013

On January 24, 2013, the California Supreme Court in Aryeh v. Canon Business Solutions, Inc., clarified previously unsettled law by holding that the so-called “continuous accrual” common law theory of equitable tolling...more

California Supreme Court Resolves Split Over Accrual Rules for Unfair Competition Claims

by Tyler Cunningham | Sheppard Mullin Richter & Hampton LLP on 2/4/2013

The California Supreme Court has offered hope to plaintiffs facing statute of limitations problems under California’s Unfair Competition Law, holding that special rules for calculating accrual dates for so-called “continuing...more

Another Court Holds Daubert Analysis Required When Critical to Class Certification

by Joseph Langkamer, Theresa Loscalzo | Schnader Harrison Segal & Lewis LLP on 1/31/2013

With a split among the Circuits, no authoritative decision from the Third Circuit, and certiorari already granted by the U.S. Supreme Court on the issue, another district court has concluded that a thorough Daubert analysis...more

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Civil Procedure › Antitrust & Trade Regulation › Commercial Law & Contracts