131 results for 'nos:"Antitrust - Other Suits"'.
J. Friedman, upon remand from the D.C. Circuit, excludes certain exhibits in a group of purchasers of rail freight services' antitrust against railway companies. The D.C. Circuit determined that internal documents concerning interline movements are inadmissible.
Court: USDC District of Columbia, Judge: Friedman, Filed On: March 4, 2024, Case #: 1:07mc489, NOS: Antitrust - Other Suits, Categories: Antitrust, Transportation, Discovery
J. Du grants the ranchers' motion to dismiss a Peruvian work visa worker's allegation the ranch association and member ranches restrained trade for the purpose of wage-fixing. Though the worker has not sufficiently alleged each ranch specifically engaged in an anti-competitive agreement, allegations the association made an unlawful agreement with certain members are plausible. The worker is given leave to amend.
Court: USDC Nevada, Judge: Du, Filed On: March 4, 2024, Case #: 3:22cv249, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, Commerce
J. Castel partially denies Google's motion to dismiss the advertisers' antitrust claims stemming from its monopoly of the digital advertising market. The complaint adequately alleges anticompetitive conduct related to ad exchanges and the ad-buying tools for small advertisers, but not for tools used by large advertisers. Further, the advertisers' claims directed to alleged misstatements about Google's implementation of reserve price optimization will be dismissed.
Court: USDC Southern District of New York, Judge: Castel, Filed On: March 1, 2024, Case #: 1:23cv5177, NOS: Antitrust - Other Suits, Categories: Antitrust, Technology
J. Silver rules a portable generator box company may pursue defamation claims against a competitor. The company sufficiently showed in court that the competitor, the largest manufacturer of generators worldwide, launched a boycott to convince retailers to stop selling its products.
Court: USDC Arizona, Judge: Silver, Filed On: March 1, 2024, Case #: 2:23cv726, NOS: Antitrust - Other Suits, Categories: Negligence, Defamation
J. Lipman mostly denies the cheerleading defendants' motion to exclude certain expert testimony in this antitrust class action involving the cheerleading industry, specifically regarding the prices paid to participate in "competitive cheerleading competitions and camps." The economic expert's opinions are mostly admissible, as the defendants have not shown that her methodology for defining relevant markets is unreliable. The motion is granted, however, as to "her opinions regarding Varsity's motives."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: February 28, 2024, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts, Class Action
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J. Reidinger denies a health care system’s motion to dismiss multiple municipalities’ allegations of monopolizing the inpatient acute and outpatient care markets in their areas. The system argues the municipalities fail to state a claim. However, evidence shows that the system has violated the Sherman Act by using so-called “all-or-nothing” requirements in its contracts with health insurers, systematically cornering the market in the municipalities.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 21, 2024, Case #: 1:22cv114, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Trade
J. Wood largely grants a group of realtor associations’ motion to dismiss an antitrust class action brought by a class of home buyers. The home buyers accuse the realtor associations of conspiring with a brokerage firm to illegally affect price competition among real estate brokers, resulting in the home buyers paying illegally high commission rates for their retained brokers. The court, however, finds it lacks jurisdiction over one of the realtor associations, and rules the class representative has not sufficiently alleged Sherman Act violations. The class’s unjust enrichment claims stand.
Court: USDC Northern District of Illinois, Judge: Wood, Filed On: February 20, 2024, Case #: 1:21cv430, NOS: Antitrust - Other Suits, Categories: Antitrust, Jurisdiction, Class Action
J. Bell imposes a temporary restraining order on a hospital system until after a decision is made regarding the Federal Trade Commission’s motion for a preliminary injunction in this antitrust case. The court also outlines instructions regarding disagreements between the parties, including discovery, witnesses and evidence.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 12, 2024, Case #: 5:24cv28, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Trade
[Consolidated]. J. Pitts declines to dismiss class antitrust claims against Energizer, who consumers are suing for making a deal with Walmart that allows the supermarket to set the retail prices for Energizer products where they are sold. There are three different classes suing, and they have shown evidence of this agreement between the companies and that it resulted in unfairly high prices.
Court: USDC Northern District of California, Judge: Pitts, Filed On: February 9, 2024, Case #: 5:23cv2093, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Docherty denies the meat purchasers' joint motions for substitution of plaintiff in their case against the meat producers alleging a price-fixing scheme. Assigning the purchasers' claims to a company created by the entity financing the purchasers' litigation, apparently in an effort to bypass the purchasers while allowing the financier to pursue their claims as it sees fit, is "different from any other case to which the Court's attention has been directed by the parties," and the doctrine of antitrust standing weighs against the substitution.
Court: USDC Minnesota, Judge: Docherty, Filed On: February 9, 2024, Case #: 0:18cv1776, NOS: Antitrust - Other Suits, Categories: Antitrust, Jurisdiction
J. Gershon preserves in part antitrust claims that allege Gerber and Pelligro, two of the leading U.S. infant formula manufacturers, engaged in a scheme to block a pharmaceutical company from entering the store-brand infant formula market. The litigant sufficiently alleges an agreement that gave Pelligro right of first refusal to Gerber's excess capacity monopolized the market. The court, however, dismisses claims against Nestlé S.A. for lack of jurisdiction.
Court: USDC Eastern District of New York, Judge: Gershon, Filed On: February 6, 2024, Case #: 1:21cv5382, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Rothstein denies Expedia's motion to dismiss the Swiss federal government office's complaint that Expedia offered low hotel booking rates on Trivago, an internet hotel booking “metasearch” engine, so that it could bankrupt Amoma, an online hotel booking company organized under Swiss law. The Swiss office manages to salvage its claim because it sufficiently alleges that Amoma could not move to another advertising platform because Trivago had to give Amoma accurate data that would allow the latter to successfully adapt to the new system.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: February 1, 2024, Case #: 2:23cv983, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Saris denies in part the American Red Cross’s motion to dismiss antitrust and defamation claims brought against it by a biomedical company for allegedly monopolizing mitigation services by using another company’s pathogen reduction treatment on all of the blood platelets it sells. All of the antitrust claims are dismissed, as well as one of the defamation claims, but two of the defamation claims are not because the biomedical company adequately pleads that it made deceptive statements in Massachusetts to the biomedical company’s Massachusetts customers in an FAQ and newsletter.
Court: USDC Massachusetts, Judge: Saris, Filed On: January 19, 2024, Case #: 1:23cv10335, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Defamation
J. Zilly denies the real estate broker's motion for a new trial regarding its complaint that Zillow concealed all non-multiple-listing services on their websites, resulting in the real estate broker's listings losing traffic. The real estate broker's lack of success with its Consumer Protection Act claim is not due to a procedural flaw during litigation, because it was ably represented by multiple attorneys from well-regarded law firms and it had ample resources to conduct itself in this lawsuit.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: January 18, 2024, Case #: 2:21cv312, NOS: Antitrust - Other Suits, Categories: Antitrust, Jury, Real Estate
J. Schroeder adopts the report and recommendation of the magistrate judge, overrules the parties' objections, and denies-in-part summary judgment in a suit brought under the Sherman Act over a company's alleged tactics to "maintain supracompetitive pricing" of its products in markets for networking equipment and services. Summary judgment is granted as to the Section 1 conspiracy and tying claims, but there is a genuine issue of material fact as to whether the company's tactics constituted anticompetitive conduct.
Court: USDC Eastern District of Texas , Judge: Schroeder, Filed On: January 17, 2024, Case #: 5:22cv53, NOS: Antitrust - Other Suits, Categories: Antitrust, Civil Procedure, Communications
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. Garaufus certifies a statewide putative class action lawsuit filed on behalf of debit card users that alleges American Express’s non-discrimination provisions, which prevent merchants from disclosing certain information regarding its point-of-sale agreements including how much it pays to each payment network, places an unlawful restraint on trade. The litigants in this case, who do not have or use Amex credit cards, argue they are in effect subsidizing Amex cardholders’ transactions as a result of the provision. The court, however, declines to certify a second statewide class for credit card holders, finding the litigants fail to allege injuries related to credit card rewards.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 9, 2024, Case #: 1:19cv566, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Ramos grants the government a preliminary injunction to bar the proposed acquisition of DeepIntent by IQVIA. The government has carried its burden of showing that the merger will substantially lessen competition in the field of programmatic advertising to health care professionals by merging DeepIntent with Lasso, a division of IQVIA, which are two of three leading firms in the industry.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: January 8, 2024, Case #: 1:23cv6188, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care
J. Levy allows in part a veterinary product provider’s motion to dismiss claims brought against it in a class action brought by pet owners. They say the product provider coerced veterinary clinics to pay artificially inflated prices for its products through business practices that pushed out its competition, including steep penalties for clinics that try to end contracts with it. The pet owners lack antitrust standing to challenge the prices of the provider’s products because they buy veterinary services from the clinics who buy the provider’s products, but they do not buy the products themselves.
Court: USDC Maine, Judge: Levy, Filed On: January 8, 2024, Case #: 2:22cv392, NOS: Antitrust - Other Suits, Categories: Antitrust, Business Practices, Class Action
J. Simon denies the monitoring service's motion for summary judgment against the website's complaint asserting that the monitoring service enacted a conspiracy with the National Association of Boards of Pharmacy, the Alliance for Safe Online Pharmacies and the Center for Safe Internet Pharmacies Ltd. to restrain market competition for online pharmacy verification services and comparative drug pricing information. The monitoring service argues that the website would have suffered the same injury it alleges from enforcement agencies without the service's conduct due to the website's own alleged illegal activity. However, the monitoring service has failed to put forth sufficient evidence of real or threatened law enforcement activity.
Court: USDC Oregon, Judge: Simon, Filed On: January 3, 2024, Case #: 3:22cv252, NOS: Antitrust - Other Suits, Categories: Antitrust, Evidence
J. Crenshaw denies the property managers' motion to dismiss the multifamily plaintiffs' second amended complaint in this antitrust case alleging that a software company and its clients "have formed an illegal price-fixing cartel" in the multifamily housing market. The complaint sufficiently alleges that a certain revenue management service called Lease Rent Options "uses private data." Also, the prior complaint does not contradict the current complaint. Accordingly, the court declines to dismiss the claims "as they relate to LRO from the Multifamily Complaint."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: December 28, 2023, Case #: 3:22cv1082, NOS: Antitrust - Other Suits, Categories: Antitrust, Civil Procedure, Housing
J. Crenshaw denies the lessors' dismissal motion related to the multifamily complaint but grants the dismissal motion pertaining to the student complaint in this consolidated litigation alleging "an illegal price-fixing conspiracy" in the student and multifamily rental housing markets. The student complaint fails to "adequately plead an unreasonable restraint of trade under the Rule of Reason."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: December 28, 2023, Case #: 3:22cv1082, NOS: Antitrust - Other Suits, Categories: Antitrust, Housing
J. Crenshaw denies the Thoma Bravo defendants' dismissal motions in this litigation alleging that a privately-owned software company, RealPage, and its clients have "an illegal price-fixing cartel" in the rental housing markets. The Thoma Bravo defendants contend that "parent corporations are not liable for the acts of their subsidiaries." However, the multifamily and student housing plaintiffs have sufficiently alleged Thoma Bravo's involvement in the alleged conspiracy at this "early stage" of the litigation.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: December 28, 2023, Case #: 3:23cv326, NOS: Antitrust - Other Suits, Categories: Antitrust, Housing
[Redacted.] J. Wolford declines to certify class claims contending companies repeatedly sent out nearly identical price increase announcements for caustic soda. The expert's regression model is not methodologically sound since the expert did not review individual contracts, and the model makes several assumptions, including that failing to properly classify certain contracts would have a minimal effect on the results. Meanwhile, the model fails to include a reliable proxy for global demand for the soda.
Court: USDC Western District of New York, Judge: Wolford , Filed On: December 28, 2023, Case #: 1:19cv385, NOS: Antitrust - Other Suits, Categories: Antitrust