Real estate brokerage franchisor Keller Williams has agreed to a settle claims related to the ongoing broker commission antitrust litigation. Burnett v. National Ass’n of Realtors, Case No. 4:19-CV-00332 (W.D. Mo.), which has...more
Our weekly Online Travel Update for the week ending Sunday, January 27, is below. This week’s Update provides updates on both DOT’s and FTC’s recent rulemaking efforts around “hidden” industry fees. Enjoy....more
A recent district court order finds that JSAs can serve a legitimate purpose of controlling parties’ exposure and preventing coercive settlements. Antitrust conspiracy claims pose significant monetary risks, including...more
One of the more fascinating developments in group health plan law has been the growth of antitrust claims by group health plans against drug manufactures who allegedly agree to delay the production of generic drugs once a...more
This week, the Ninth Circuit revisits the pleading standard for stating a plausible conspiracy claim under the Sherman Act and examines the proper remedy for instructional error in a suit for disgorgement under the Lanham...more
On July 2, 2021, Broadcom agreed to settle the Federal Trade Commission's (FTC's) charges that Broadcom illegally monopolized markets for semiconductor chips through exclusive-dealing and volume-discounting practices. The...more
The Ninth Circuit approved use of statistical analysis that relies on averaging but reversed class certification because the district court failed to resolve whether more than a de minimis number of putative class members...more
On June 3, 2020, a proposed class action was commenced against over 50 generic drug manufacturers... The claim alleges that the generic drug manufacturers violated the Competition Act by conspiring to allocate the market, fix...more
Although courthouse activity has slowed over the past month due to COVID-19 social distancing efforts, federal courts continue to conduct business, even if remotely. Many judges have utilized this time to finalize decisions...more
Antitrust class action counsel are in the business of extracting cash from defendants in the form of settlements that are, in effect, a tax on every transaction in the market covered by the case. The bigger the market, the...more
FTAIA Does Not Block Antitrust Claims Based on Sales of Finished Products Containing Price-Fixed Component to US Customers - In re Capacitors Antitrust Litigation, US District Court for the Northern District of California,...more
Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which plaintiffs alleged that UBS AG took part in a global gold price-fixing conspiracy. The court earlier granted UBS' motion to dismiss the...more
The U.S. Court of Appeals for the Second Circuit affirmed a grant of summary judgment on July 19, 2018, in favor of defendants in a nearly decade-old case alleging an unlawful conspiracy in the single-copy magazine industry....more
2017 saw three notable decisions concerning the applicability of the “continuing violation” doctrine in antitrust cases. We discuss below three cases that have taken different approaches in their treatment of this...more
A recent decision by the Third Circuit permits plaintiffs to pursue antitrust damages for egg products supplied by non-conspiring parties. This decision could represent a crack in the “umbrella damages” rule that precludes...more
On May 31, the Tenth Circuit Court of Appeals affirmed the dismissal of plaintiff's claims in Bristow Endeavor Healthcare v. Blue Cross Blue Shield Association et al., handing Blue Cross Blue Shield of Oklahoma, and its...more
Few cases in the antitrust canon have been invoked more frequently, for the wrong reasons, than the Third Circuit’s 1977 decision in Bogosian v. Gulf Oil. For four decades now – culminating in the recent release of a decision...more
Former UCLA basketball star and NCAA champion Ed O’Bannon was the lead plaintiff in a 2009 class action lawsuit that was the first serious challenge to the lifeblood of the NCAA’s very existence: all of its players are unpaid...more
A recent complaint charges PepsiCo Inc. with several antitrust violations, including price fixing and predatory pricing in violation of Section 1 of the Sherman Act, conspiracy and attempt to monopolize in violation of...more
Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more
The Third Circuit held that in antitrust cases involving concentrated markets, courts must carefully consider the nature of the industry and whether the actions of defendants can be equally attributed to independent conduct...more
We have previously posted about United States v. Apple, Inc., a blockbuster trial that ended with Judge Denise Cote of the Southern District of New York concluding that Apple had conspired with five publishing companies to...more
In early march, the auto insurer defendants in the In re Auto Body Shop Antitrust Litigation renewed their motions seeking the dismissal of plaintiffs’ action, this time directed at plaintiffs’ Second Amended Complaint. The...more
Auto Insurers Again Seek Dismissal of In Re Auto Body Shop Antitrust Litigation - In early March, the auto insurer defendants in the In re Auto Body Shop Antitrust Litigation renewed their motions seeking the dismissal...more
The United States District Court for the District of New Jersey dismissed antitrust claims by a charity hospital that alleged two medical centers colluded to squeeze the hospital out of the market for cardiac services. ...more