News & Analysis as of

Antitrust Violations Appeals

Bennett Jones LLP

Class Actions: Looking Forward 2025

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We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to...more

Bradley Arant Boult Cummings LLP

Fourth Circuit Decides “Non-Ink-to-Paper” Agreement Among Defense Contractors May Toll Statute of Limitations for Antitrust Claims

On May 9, 2025, the U.S. Court of Appeals for the Fourth Circuit published a significant decision in Scharpf v. General Dynamics Corp., reviving a dormant class action lawsuit against a group of the country’s largest naval...more

Patterson Belknap Webb & Tyler LLP

Plaintiff Shipping Company Appeals Ruling That It “Failed To Deliver the Goods” in Antitrust Suit Against Its Only Competitor in...

On March 11, 2025, Judge Christopher R. Cooper of the U.S. District Court for the District of Columbia granted a shipping company’s motion for summary judgment, dismissing an antitrust case brought by the only other company...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Holds No Irreparable Harm from Hospital’s Poach of Care Providers, Despite Non-Solicitation Clause

Last month, the Second Circuit rejected the effort of an association of anesthesiology service providers to enjoin a Syracuse-based hospital from recruiting and hiring local anesthesiology providers. The association, American...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

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

Lathrop GPM

Delaware Federal Court Vacates $100 Million Verdict Against Caterpillar in Claim Brought by Importer of New Chinese Construction...

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A federal court in Delaware has vacated a damages award in a claim brought by an importer of new Chinese construction equipment who had accused Caterpillar of pushing it out of the U.S. market. Int’l Constr. Prods. LLC v....more

Zelle  LLP

Ninth Circuit Upholds Denial of American Booksellers Association’s Motion to Intervene in FTC v. Amazon.com

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On December 4, 2024, the Ninth Circuit upheld the District Court’s denial of the American Booksellers Association’s motion to intervene in an antitrust suit brought against Amazon.com by the FTC and 19 states. The Ninth...more

White & Case LLP

Stellantis’s Occupant Safety Systems Claim Collides with Reality

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On 21 February 2025, the UK Competition Appeal Tribunal (CAT) unanimously dismissed Stellantis's claim for €770 million in damages against Autoliv, a leading global manufacturer of automotive occupant safety systems ("OSS"),...more

A&O Shearman

Tenth Circuit Rejects Surgical Assistants’ Appeal In Surgical Credentials Monopolization Case

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On January 21, 2025, the Tenth Circuit Court of Appeals affirmed the United States District Court for the District of Colorado’s dismissal of the Association of Surgical Assistants’ (ASA) challenge to the National Board of...more

White & Case LLP

Justin Le Patourel v BT Group Plc: Failure for the UK’s first opt-out class action

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In its 19 December 2024 judgment, the Competition Appeal Tribunal (CAT) unanimously rejected Mr Le Patourel’s excessive pricing claim against BT. This was the UK’s first opt-out collective action to proceed to trial, and will...more

Stinson LLP

Flag After the Play, Ruling on the Field Under Review: $4.8 Billion NFL Sunday Ticket Antitrust Litigation

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In June 2024, a California jury awarded plaintiffs nearly $4.8 billion in an antitrust class action against the National Football League (NFL) and DirecTV. In the case, In re National Football League's "Sunday Ticket"...more

McDermott Will & Emery

Pay for Delay Is Sometimes Okay

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The US Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit against pharmaceutical companies accused of violating antitrust laws by using reverse payments to delay entry of a generic version of a...more

McDermott Will & Emery

Same Product in Different Packaging May Constitute Separate Market for Antitrust Purposes

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Addressing an issue of first impression, the US Court of Appeals for the Second Circuit concluded that two medications that contain the same ingredients but are packaged in different forms constitute separate markets for...more

Ankura

The Sea of Tuna Decisions: Key Takeaways for Regression Analysis at Class Certification

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On November 14, 2022, the U.S. Supreme Court declined StarKist Company’s petition to review the Court of Appeals for the Ninth Circuit’s en banc opinion upholding certification of three subclasses of tuna purchasers in Olean...more

McDermott Will & Emery

Fourth Circuit Holds Per-Se Rule Does Not Apply in Bid-Rigging Case

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A three-judge panel from the US Court of Appeals for the Fourth Circuit overturned an executive’s bid-rigging antitrust conviction, holding that the district court erred in applying the per se standard to the executive’s...more

Ballard Spahr LLP

California federal court denies arbitration motion in Ticketmaster case

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We previously wrote about a Ninth Circuit appeal dealing with the use of bellwether procedures to resolve mass arbitration claims brought by thousands of customers against Verizon Wireless. That appeal remains pending and is...more

Foley Hoag LLP - State AG Insights

Paxton Whistleblower Saga Concludes in a Settlement and Apology

A little over a year after the Texas Appeals Court rejected Texas Attorney General Ken Paxton’s argument that the state’s Whistleblower Act does not apply to whistleblowers reporting violations of law committed elected...more

Perkins Coie

Three Reasons Companies Need Customized Antitrust Compliance Programs Now

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Antitrust compliance programs that are tailored to a company’s culture, line of business, and competitive conditions have long been worth their weight in gold. But as 2022 draws to a close, a looming economic slowdown and an...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Denies Sherman Act Challenge To No-Poach Provision

In an important decision on August 19, 2021, the Ninth Circuit Court of Appeals in Aya Healthcare Services, Inc. v. AMN Healthcare, Inc. affirmed the grant of summary judgment in favor of AMN, finding that the...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman

The United States Supreme Court infrequently hears antitrust cases but when it decides to hear a case, the Court has the power to shape the framework of American antitrust laws. In this episode, we’re examining the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ninth Circuit Strikes Down Sweeping Injunction Against Qualcomm and Reins In Expansive Interpretation of Sherman Act

On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In...more

Mintz - Intellectual Property Viewpoints

Ninth Circuit Reverses FTC Win in FTC v. Qualcomm, Finding No Antitrust Violations from Qualcomm’s Licensing of its...

In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit reversed the decision by the U.S. District Court for the Northern...more

Haug Partners LLP

Ninth Circuit Reverses Northern District of California Decision in FTC v. Qualcomm Inc., No. 19-16122

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On Tuesday, August 11, 2020, the Ninth Circuit reversed and vacated Judge Lucy Koh’s controversial, post-bench trial decision in FTC v. Qualcomm Inc., 411 F. Supp. 3d 658 (N.D. Cal. 2019), regarding whether Qualcomm violated...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Trade Commission v. Qualcomm Ins. (9th Cir. 2020)

Ninth Circuit Overturns District Court Judge Lucy Koh's Decision That Qualcomm's Licensing and Chip Sales Practices Are Antitrust Violations - The Federal Trade Commission has a history of taking positions and aggressively...more

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