News & Analysis as of

Cartwright Act

Resale Price Maintenance: What Happened To Leegin Ten Years Later?

by Mulcahy LLP on

After four decades, Continental T.V., Inc. v. GTE Sylvania’s rational efficiency explanation for vertical restraints is a well-entrenched paradigm for analyzing both price and non-price distributional restraints. In 2007,...more

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

In re Capacitors Antitrust Class Action Update: Claims Slightly Narrowed, Parties Continue Discovery

When we last wrote in June 2015 about In re Capacitors Antitrust Litig., No. 14-03264-JD, consolidated putative class actions pending before Judge James Donato in the Northern District of California, the plaintiffs had just...more

IP Matters, Fall 2015

by JAMS on

Textile Copyright Cases Ripe for ADR - While normally focused on music and media matters, copyright lawyers in California have grown busy with something else: fabrics. Hundreds of textile copyright suits involving fabric...more

Seventh Circuit Affirms in Favor of Cheese Maker in Milk Price Fixing Case

This past Tuesday, the Seventh Circuit upheld the decision of Judge Robert M. Dow Jr. of the U.S. District Court for the Northern District of Illinois granting cheese manufacturer Schreiber Foods Inc.’s motion for summary...more

In re Capacitors Antitrust Class Action Litigation Survives Motion to Dismiss

Direct and indirect capacitor purchasers who filed class action complaints against an alleged worldwide cartel of capacitor manufacturers have, for the most part, survived a motion to dismiss in the Northern District of...more

Locke Lord QuickStudy: Filling in Some Actavis Gaps - California Supreme Court Adopts Structured Rule of Reason Test for Antitrust...

by Locke Lord LLP on

A sweeping new opinion from the California Supreme Court revives California Cartwright Act challenges to pay-for-delay pharmaceutical patent settlements. In re Cipro Cases I & II, (Case No. S198616, Slip Op. May 7, 2015). A...more

California Supreme Court Details Antitrust Analysis of "Reverse Payment" Patent Settlements

Last week, in In re Cipro Cases I & II, Case No. S198616, the Supreme Court of California adopted the United States Supreme Court's application of the Rule of Reason to the antitrust analysis of so-called "reverse payment"...more

CA Supreme Court Issues First Decision Extending FTC v. Actavis to State Antitrust Litigation

by Ballard Spahr LLP on

The California Supreme Court issued a decision today in the Cipro antitrust cases, concluding that the analysis set forth by the U.S. Supreme Court in FTC v. Actavis applies to alleged “pay-for-delay” pharmaceutical patent...more

Best in Law: What Businesses Need to Know on Antitrust Law

by Best Best & Krieger LLP on

There is a saying among antitrust lawyers: Don’t say you “won” an antitrust lawsuit — just by being in one means you lost. Business litigation is almost always expensive and challenging. Antitrust litigation can be several...more

Patent Troll Watch - States Are Pushing Patent Trolls Away from the Legal Line

by Foley Hoag LLP on

Oregon introduces bill to make improper patent license demands a violation of its unlawful trade practices law - In February 2014, Senate Bill 1540 was filed, which would make patent trolling a violation of the...more

Dang v. San Francisco Forty Niners - Consumers can challenge Reebok's exclusive NFL apparel deal based just on a market of...

On August 2, 2013, District Judge Edward J. Davila denied a motion to dismiss antitrust claims brought by consumers of NFL apparel against Reebok and the NFL in Dang v. San Francisco Forty Niners, Case No. 5:12-CV-5481 (N.D....more

Beware And Be Smart: California Remains A Danger Zone For Resale Price Restrictions

by Pepper Hamilton LLP on

Most recently, the U.S. District Court of the Central District of California denied a retailer’s motion to dismiss vertical price fixing claims filed under the state’s Cartwright Act and Unfair Competition Law....more

How a Unilateral Policy Morphed into an Illegal Resale Price Fixing Agreement

by K&L Gates LLP on

Two recent decisions in a California federal court case highlight the rocky shoals a supplier must navigate to control the prices charged by the resellers of its products without violating antitrust laws....more

Ninth Circuit Clarifies Extraterritorial Reach of California Antitrust Laws

by Mintz Levin on

In AT&T Mobility LLC v. AU Optronics Corp., Ninth Circuit Case No. 11-16188 (Feb. 14, 2013), the Ninth Circuit held that California’s antitrust law, the Cartwright Act, could apply to a price fixing conspiracy of LCD panels...more

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