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Antitrust Litigation Motion to Dismiss

Troutman Pepper Locke

Judge Dismisses Antitrust Claims by Chalmers and Other Former Players Against NCAA

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On Monday, a U.S. district court judge in the Southern District of New York dismissed a lawsuit brought by former Kansas basketball player Mario Chalmers and 15 other former college basketball players. The plaintiffs all...more

Kohrman Jackson & Krantz LLP

Amazon’s “Buy Box” Legally Boxes Out the Competition

On March 20, 2025, the Ninth Circuit Court of Appeals affirmed a district court’s order to dismiss a consumer antitrust lawsuit filed against Amazon. In the lawsuit styled Hogan v. Amazon.com, Inc., the consumer-plaintiffs...more

A&O Shearman

Central District Of California Denies Motion To Dismiss Antitrust Claims In Ticketing Class Action

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On April 11, 2025, Judge George H. Wu of the United States District Court for the Central District of California issued a ruling on a motion to dismiss filed by Live Nation Entertainment, Inc. and Ticketmaster LLC...more

A&O Shearman

Ninth Circuit Upholds Dismissal Of Antitrust Claims Against Amazon Over Fulfillment Services

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On March 20, 2025, the Ninth Circuit Court of Appeals affirmed the district court’s dismissal of consumer Plaintiffs’ Sherman Act claims against Defendant Amazon, Inc. (“Amazon”), with prejudice, for lack of antitrust...more

A&O Shearman

California District Court Grants Software Company’s Motion To Dismiss In Algorithmic Price Fixing Case

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On March 21, 2025, Judge Jeffrey S. White of the United States District Court for the Northern District of California granted defendant software company’s motion to dismiss plaintiffs’ claims of price-fixing under the Sherman...more

Mogin Law LLP

Live Nation’s Motion to Dismiss Government Antitrust Case Rejected

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The U.S. Department of Justice Antitrust Division and state antitrust authorities have plausibly alleged that Live Nation engaged in illegal tying and coercion of performing artists, a federal judge in the Southern District...more

A&O Shearman

NBA Legend’s Monopolization Challenge Against NASCAR To Proceed

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On January 10, 2025, Judge Kenneth D. Bell of the United States Court for the Western District of North Carolina denied NASCAR’s motion to dismiss stock car racing team 23XI Racing’s (“plaintiff”) monopolization case against...more

A&O Shearman

Washington District Court Denies Motion To Dismiss In Algorithmic Rent Price-Fixing Case

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On December 4, 2024, the United States District Court for the Western District of Washington denied defendants’ joint motion to dismiss plaintiffs’ class action price-fixing claims under Section 1 of the Sherman Act, allowing...more

Morgan Lewis

US District Court Denies Motion to Dismiss Algorithmic Pricing Antitrust Claims

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The US District Court for the Western District of Washington issued a significant ruling on December 4, 2024 in an ongoing case raising alleged claims of algorithmic price collusion in the apartment rental industry. The court...more

A&O Shearman

Utah District Court Grants Mattress Businesses’ Motion To Dismiss In Antitrust Case Alleging Conspiracy In And Monopolization Of...

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On October 16, 2024, Judge David Barlow of the United States District Court for the District of Utah granted defendants’ motion to dismiss plaintiff’s claims that nine defendants (specifically, sellers, distributors, and...more

A&O Shearman

Court Grants Motion To Dismiss In Antitrust Case Alleging Boycott Conspiracy Of Crop Protection Products

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On September 13, 2024, in a multidistrict litigation, the United States District Court for the Eastern District of Missouri granted defendants’ motion to dismiss plaintiffs’ class action claim of a conspiracy to artificially...more

McDermott Will & Emery

Google Moves to Dismiss Third Complaint Alleging Tying of Google Maps API Services

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Google LLC and Alphabet Inc. (Google) moved to dismiss a third successive complaint that alleged it tied the sales of Maps, Routes and Places application programming interface (API) services to one another. A basic tying...more

Troutman Pepper Locke

Attorneys Collect $23.3M Payday in EDVA Antitrust Settlement

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On October 18, Judge Rebecca Beach Smith of the Eastern District of Virginia approved a $70 million settlement in an antitrust case, with more than $23.3 million awarded to the plaintiffs’ attorneys. This case helpfully...more

Haug Partners LLP

10 Years after Actavis, the Cases that Follow Tell a Story

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I. Introduction - No pharmaceutical antitrust decision has had more impact than the Supreme Court’s 2013 decision in Federal Trade Commission v. Actavis, a decision which officially defined the term “reverse payment...more

Fox Rothschild LLP

WGA Scores Points In Agency Litigation

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The battle between the Writers Guild of America and the major agencies has been waged on two fronts for over a year, with mixed results. Attention recently has focused primarily on the WGA’s pressure campaign to require...more

Mintz - Securities Litigation Viewpoints

When A Relationship Is Insufficient: Opting Out of the FX Antitrust Class Action Requires Clear Indication

On May 28, 2020, Judge Lorna G. Schofield of the United Stated District Court for the Southern District of New York issued her Opinion and Order in Allianz Global Inv’rs GMBH v. Bank of Am. Corp., No. 18 Civ. 10364 (LGS),...more

Fox Rothschild LLP

Agencies Move To Dismiss WGA’s Remaining Claims

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Another blow was struck in the litigation between the Writers Guild of America (WGA) and the top three talent agencies. In April, the agencies prevailed in their motion to dismiss eight of the nine claims asserted against...more

Vinson & Elkins LLP

Plaintiffs Struggle To Prove Meat And Potatoes Of Antitrust Case As COVID-19 Throws Market Into Further Disarray

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Class actions in the pork and cattle industry foreshadow probable antitrust enforcement and defense strategies against the backdrop of COVID-19, which has caused meat processing plant closures, severe disruptions to the...more

Goodwin

Recent Developments in Humira (adalimumab) Antitrust Suit

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We have previously reported on the class action suit against AbbVie alleging misconduct and antitrust violations in connection with AbbVie’s assertion of patents to prevent the sale of biosimilar versions of Humira® in the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Courts Rule on Financial Services Antitrust Suits

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

Bilzin Sumberg

Pork Price-Fixing Complaint Dismissed: Class Plaintiffs Will Amend

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Chief Judge Tunheim recently dismissed, with leave to amend, the class complaints in In Re Pork Antitrust Litigation.  The Pork case— filed in the District of Minnesota against Tyson, Hormel, JBS and other major pork...more

Holland & Knight LLP

Supreme Court Allows Antitrust Suit to Proceed Against Apple

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On May 13, 2019, the Supreme Court ruled in favor of iPhone owners who are suing Apple. The iPhone owners claim that Apple, through its App Store, has established a monopoly and uses that power to charge consumers more for...more

Goodwin

Motion to Dismiss Denied in Remicade Antitrust Suit

Goodwin on

The District Court for the Eastern District of Pennsylvania has denied Johnson & Johnson and Janssen’s (“J&J”) motion to dismiss antitrust claims filed by Walgreens and Kroger concerning sales of J&J’s Remicade. In the case,...more

Hogan Lovells

A toss up: Payment theory prevails but the rule of reason reigns

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On 31 October the 10th U.S. Circuit Court of Appeals overturned the U.S. District Court for the District of Utah's decision in United States v. Kemp & Associates, et al. that dismissed the government's indictment as time...more

Best Best & Krieger LLP

12 Orange County Cities Prevail in Federal Antitrust Lawsuits Over Ambulance Services - Ninth Circuit Affirms Lower Court’s...

The Ninth Circuit U.S. Court of Appeals upheld a lower court decision to dismiss 12 Orange County cities from federal antitrust lawsuits alleging the municipalities monopolized ambulance services in their boundaries....more

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