8 results for 'cat:"Antitrust" AND cat:"Unfair Competition"'.
J. Brailsford grants a hospital-based neurosurgery service provider's motion to dismiss an independent neurological surgery provider's allegations that the hospital's new on-call coverage policy, requiring the independent provider to have a neurosurgeon on call at all times, violates state and federal antitrust laws. The independent neurological surgery provider fails to sufficiently allege an antitrust injury, but are granted leave to amend. The provider has also "failed to plead an actual injury to competition."
Court: USDC Idaho, Judge: Brailsford, Filed On: July 16, 2024, Case #: 1:23cv367, NOS: Antitrust - Other Suits, Categories: antitrust, unfair Competition
J. Hoyt finds that a Federal Trade Commission antitrust case can proceed against an anesthesiologists’ group that bought enough similar groups in Texas that they could not easily be excluded from insurance carriers for charging higher prices because they were indispensable. The degree to which the anesthesiologists’ group controls the Texas market has led to higher insurance premiums for consumers and the Federal Trade Commission has submitted sufficient evidence to survive summary judgment.
Court: USDC Southern District of Texas, Judge: Hoyt, Filed On: May 13, 2024, Case #: 4:23cv3560, NOS: Antitrust - Other Suits, Categories: antitrust, unfair Competition
J. Adams finds that the trial court properly sustained Apple's demurrer on a class action complaint alleging that the Apple App Store imposes unfair contractual terms on software developers. The Colgate doctrine provides Apple with a safe harbor against the developers’ unfair competition claim under the unfair prong, as Apple's practices amounted to permissible unilateral conduct under both antitrust and unfair competition statutes. Affirmed.
Court: California Courts Of Appeal, Judge: Adams, Filed On: April 25, 2024, Case #: H050526, Categories: antitrust, unfair Competition
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Schroeder denies an agricultural products firm’s motion to dismiss allegations of antitrust violations brought by the Federal Trade Commission and 12 state governments on behalf of farmers. The commission and states claim that the firm excludes generic pesticide products competition using loyalty discount programs, through which it offers its distributors considerable lump sums of up to millions of dollars to limit their purchase of generic products. This, in turn, allegedly hurts farmers financially as 90% of them purchase the products from these distributors. The firm continues this practice even after its products’ patents expire. The firm maintains that its practices, because they are not directly price gouging, are not monopolizing nor causing competitors injury. However, the commission and states sufficiently evidence the exact opposite, that the firm has railroaded distributors and consumers, mostly farmers, into having no other choice but to buy its products.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: January 12, 2024, Case #: 1:22cv828, NOS: Antitrust - Other Suits, Categories: antitrust, Trade, unfair Competition
J. Corley finds in favor of Qualcomm, a computer chip maker, in a multi-district dispute where consumers allege the company used its position in the market to hinder competition and raise prices for handheld devices. After a series of appeals and similar claims from the FTC that were ultimately rejected, only unfair competition claims remain. The company prevails on these claims due to consumers being unable to show that any exclusive dealings with big tech companies like Apple and Samsung resulted in actual damages to buyers.
Court: USDC Northern District of California, Judge: Corley , Filed On: September 26, 2023, Case #: 3:17md2773, NOS: Antitrust - Other Suits, Categories: antitrust, unfair Competition