Cartwright Act

News & Analysis as of

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

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

N.D. Cal. Just Opened the Damages Umbrella

In County of San Mateo v. CSL, Limited, Case No. 3:10-cv-05686-JSC (N.D. Cal. Aug. 20, 2014) (Corley, M.J.), the Northern District of California held that California’s antitrust law, the Cartwright Act, allows the recovery of...more

The Way to San Jose: Not Through Federal Court

Frustrated with the inability of the Oakland Athletics to commit to relocate to San Jose in the face of the territorial objections of the San Francisco Giants – and by the failure of Major League Baseball (MLB) to bring 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

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

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

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

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

Ninth Circuit Clarifies Extraterritorial Reach of California Antitrust Laws

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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