News & Analysis as of

Antitrust Litigation

International Comity? U.S. Jury Will Noodle Disputed Facts of In re Ramen Despite Contrary Ruling from Korean Supreme Court

by Reed Smith on

U.S. indirect purchaser antitrust actions may proceed to trial even when a foreign manufacturer is found not liable in its home jurisdiction. A recent summary judgment decision from the U.S. District Court for the Northern...more

Southwest Airlines Will Cooperate in Class Action Against American, Delta & United

A federal judge has granted preliminary approval of Southwest Airlines Co.’s settlement with a class of plaintiffs alleging antitrust violations against Southwest, American Airlines, Inc., Delta Air Lines, Inc., and United...more

Seyfarth’s 2018 Workplace Class Action Litigation Report Is Now Available!

by Seyfarth Shaw LLP on

Seyfarth Synopsis: At 878 pages, Seyfarth’s 14th Annual Workplace Class Action Litigation Report analyzes 1,408 rulings and is our biggest and most voluminous Report ever. Please see full Publication below for more...more

Financial Services Weekly News - January 2018

by Goodwin on

Editor's Note - A Busy Holiday Season. We hope that all of you had a happy holiday season and wish everyone a happy, healthy and prosperous new year. While the Roundup has been on hiatus during the holidays, the federal...more

State Of Louisiana, As Absent Class Member, Escapes CAFA Settlement Trap

by Carlton Fields on

The Third Circuit Court of Appeals affirmed a Pennsylvania district court decision holding the Eleventh Amendment to the United States Constitution prevented a private party from enjoining the state of Louisiana from bringing...more

Antitrust enforcement priorities for 2018

by Bricker & Eckler LLP on

Health care antitrust in 2017 saw governmental agencies successfully pursue a number of enforcement actions. Examining these actions provides insight and guidance as to what might happen in antitrust enforcement in 2018 and...more

Indirect Purchaser Cases in 2017: Key District Court Rulings

by Zelle LLP on

As we enter the new year, we review some of the more interesting 2017 court decisions in or affecting the indirect purchaser class action arena and provide practitioners with some key takeaways for 2018 and beyond. As with...more

Indirect Purchaser Cases in 2017: Key Appeals Court Rulings

by Zelle LLP on

As we enter the new year, we review some of the more interesting 2017 court decisions in or affecting the indirect purchaser class action arena, and provide practitioners with some key takeaways for 2018 and beyond. As with...more

Amendments to Australian Antitrust Regime Take Effect

by Jones Day on

The Situation: Australia has adopted a package of changes to its antitrust laws that are designed to give more power to its antitrust enforcement agency, the Australian Competition and Consumer Commission, and to increase...more

Ascertainability & In Re Nexium – The Side-Effects Continue

by Pierce Atwood LLP on

As various contributors to this blog have noted, a divided panel of the First Circuit adopted a “loose” approach to the ascertainability requirement in In re Nexium Antitrust Litigation. Specifically, while acknowledging...more

Keep The Change – The Southern District Of New York Authorizes Claims Administrator To Retain Portion Of Accrued Interest On...

by Carlton Fields on

When class action settlement funds are not amenable to individual claims or to a meaningful pro rata distribution, courts have used the cy pres doctrine to distribute the funds to nonprofit charitable organizations whose work...more

United States Judicial Panel on Multidistrict Litigation: November Meeting Overview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation is scheduled for November 30, 2017 in St. Louis, Missouri. Eight matters are set for oral argument to consider motions to transfer each...more

The United States Supports Certiorari in the Vitamin C Antitrust Litigation

by Holland & Knight LLP on

On November 14, 2017, following a rare invitation from the U.S. Supreme Court earlier this year, newly confirmed Solicitor General Noel Francisco submitted an amicus curiae brief on behalf of the United States in Animal...more

Reverse-Payment Plaintiffs Mine Patent Litigation Record to Survive Summary Judgment

by Holland & Knight LLP on

We pointed out in a recent article that, based on recent decisions by the Courts of Appeals for the First and Third Circuits, private antitrust plaintiffs seeking damages from so-called “reverse-payment” settlement agreements...more

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

by Holland & Knight LLP on

As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

Eleventh Circuit Restores Auto Body Shop Antitrust Case

by Baker Donelson on

On September 7, the Eleventh Circuit Court of Appeals handed a big victory to a class of auto body shops in Quality Auto Painting v. State Farm, et. al, reversing a lower court decision that had dismissed the auto body shops'...more

Tennessee Approves Ballad Health COPA Over FTC Protests

In the face of the Federal Trade Commission’s (FTC’s) string of litigation successes over the last several years challenging hospital mergers on antitrust grounds, there has been an increased focus on the potential use of...more

Parens Patriae Representative Suits by State AGs: Parental Help with Strings Attached

Parens patriae is a Latin term which literally means “parent of the fatherland.” In parens patriae actions, a state sues on behalf of its citizens. The rights of the states to do this was first established in 1900 in...more

Supreme Court to Review Antitrust Suit Over AmEx Merchant Rules

by Bryan Cave on

The retail industry should have great interest in a case set to be decided the Supreme Court this term, the outcome of which will affect the terms and conditions of credit card acceptance for all merchants. The Supreme...more

Third Circuit Affirms Summary Judgment for Defendant in Titanium Dioxide Price-Fixing Case

by McDermott Will & Emery on

WHAT HAPPENED: ..On October 2, 2017, the US Court of Appeals for the Third Circuit unsealed its opinion in Valspar Corp. v. E.I. Du Pont De Nemours & Co., No. 16-1345 2017 WL 4364317 (3d Cir. Sept. 14, 2017) in which the...more

Supreme Court to Take Up Rule of Reason Analysis in Two-sided Markets Antitrust Case

by Bryan Cave on

On Monday, October 17, the Supreme Court granted certiorari to review the Second Circuit’s decision in Ohio v. American Express, suggesting that the Court may be ready to shed additional light on the “rule of reason” test...more

Antitrust Claims Against Telescope Manufacturer Ningbo Sunny Dismissed and Shot into Space

On September 28, 2017, Judge Edward Davila dismissed an antitrust complaint filed by Optronic Technologies, Inc. (dba Orion) against Ningbo Sunny Electronic Co., Ltd., Sunny Optics, Inc. and Meade Instruments Corp. The case...more

Future Impacts of Valero’s Decision to Abandon Martinez Terminal

by Holland & Knight LLP on

Valero Petroleum company announced on Sept. 18, 2017 that it would abandon its plans to acquire the Plains All American Pipeline terminal facilities in Martinez and Richmond, California. These facilities appear to be the last...more

DOJ’s Challenge of Parker-Clarcor: HSR Clearance Does Not Equal Safe From DOJ Challenge

by Shearman & Sterling LLP on

On September 26, the DOJ challenged Parker-Hannifin’s $4.3-billion consummated acquisition of Clarcor, serving as a reminder that receiving HSR clearance does not immunize transactions from being challenged, even after...more

Pfizer Sues J&J, Alleges Anticompetitive Practices in Connection with Remicade®

by Goodwin on

Today, Pfizer filed an antitrust lawsuit against Johnson & Johnson (J&J) in the U.S. District Court for the Eastern District of Pennsylvania alleging that J&J has engaged in an anticompetitive scheme to protect its Remicade®...more

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