131 results for 'nos:"Antitrust - Other Suits"'.
J. Kollar-Kotelly refuses to grant summary judgment to Delta and United on a multidistrict class action antitrust case, which accuses them, along with Southwest and American, of conspiring to increase airfares by limiting capacity growth on domestic flights. There are genuine issues of fact regarding parallel behavior among the airlines and evidence the airlines were not acting independently.
Court: USDC District of Columbia, Judge: Kollar-Kotelly, Filed On: September 12, 2023, Case #: 1:15mc1404, NOS: Antitrust - Other Suits, Categories: Antitrust, Transportation
J. Davila denies summary judgment to telescope retailers and consumers in their antitrust suit alleging that Ningbo Sunny Electronic Co. fixed prices and restricted trade terms in the telescope market. They allege that the company, which has been successfully sued for this before, has tried to defraud the court to evade judgement and refuses to appear in this suit. And while it is true that the company has not appeared in the case after being served, there are still triable issues regarding evidence of their alleged antitrust activity that need to be proven. Summary judgment would be premature and not in the interest of "judicial economy."
Court: USDC Northern District of California, Judge: Davila, Filed On: September 12, 2023, Case #: 5:20cv3642, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Chun denies Amazon's motion to dismiss the consumers' class action alleging that Amazon uses minimum margin agreements (MMAs) to force the consumers to pay for overpriced products in Amazon's effort to unreasonably restrain competition. The consumers plausibly allege that the MMAs cause "supracompetitive prices or otherwise impair competition" by giving Amazon a monopoly on pricing the supplier's product against other online competition a majority of the time while Amazon receives a minimum margin on each sale regardless of the actual price.
Court: USDC Western District of Washington, Judge: Chun, Filed On: September 7, 2023, Case #: 2:22cv965, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Seeger mostly denies a group of food companies’ motion to exclude grocers’ testimony from an antitrust trial over egg producers’ alleged scheme to artificially inflate the price of eggs in the U.S. The producers claim that they had fewer eggs to sell domestically in part due to installing larger enclosures for egg-laying hens as part of an animal welfare reform effort, and that grocers themselves urged the producers to install the larger enclosures in response to consumer demand for more humane treatment of farm animals. The food companies claim grocers’ testimony to that effect would be irrelevant and prejudicial, and while the court disagrees generally, it will also rule on the admissibility of any particular deposition on a “line-by-line basis as necessary.”
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: August 31, 2023, Case #: 1:11cv8808, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, Animal Cruelty
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J. Lipman grants the indirect purchasers' motion to reconsider certain rulings in this putative class action alleging that the defendant cheerleading company charged "artificially inflated prices for goods and services, including enrollment in cheer competitions." On reconsideration, the court again dismisses their Tennessee Trade Practices Act claims "as to the Camp and Competition markets."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: August 31, 2023, Case #: 2:20cv2892, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Wang denies a data analytics firm's motion to amend claims contending a competitor created an information monopoly by restricting access to data because the firm failed to identify new, specific information that would support an amendment or avoid likely dismissal.
Court: USDC Colorado, Judge: Wang, Filed On: August 30, 2023, Case #: 1:22cv1275, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Boulee grants Google's motion to dismiss an antitrust action brought by an individual alleging that Google drove search traffic to YouTube copies of videos launched on the individual's video platform instead of to the original content. The individual alleged that Google's anticompetitive practices prevented his platform from gaining visibility. The individual failed to show that he suffered an antitrust injury in his individual capacity. The alleged harms were suffered by the video platform, not the individual.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: August 28, 2023, Case #: 1:22cv4204, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Seeger denies a coalition of egg producers’ motion to exclude evidence regarding egg exports in this antitrust case. The suing food companies claim the producers artificially increased the domestic price of eggs in the U.S. by exporting more eggs globally and selling them in markets abroad for lower prices than paid by U.S. consumers. The court finds any evidence regarding this claim is necessarily relevant to the case, and so denies the producers’ motion to exclude.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: August 21, 2023, Case #: 1:11cv8808, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, Trade
J. Zilly finds in favor of the real estate broker's Lanham Act claim that Zillow hid all non-multiple-listing services (MLS) on its websites behind tab labels, causing the real estate broker's listings to lose traffics. Zillow's FAQ page did not make the tab labels less deceptive because it did not identify what the acronym meant, and it did not indicate that an agent did not need to belong to an MLS.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: August 18, 2023, Case #: 2:21cv312, NOS: Antitrust - Other Suits, Categories: Antitrust, Real Estate
J. Tunheim grants the beef packers' motion to dismiss the ranchers' complaint in this putative class action alleging price-fixing in cattle markets. The ranchers have not established antitrust standing for the purposes of their Sherman Act and Packers and Stockyards Act claims, nor for relevant state antitrust and consumer protection claims. The ranchers have not clearly explained how the alleged price-fixing scheme injured them.
Court: USDC Minnesota, Judge: Tunheim, Filed On: August 17, 2023, Case #: 0:22cv2903, NOS: Antitrust - Other Suits, Categories: Antitrust, Jurisdiction, Class Action
J. Zilly dismisses the real estate broker's claim that Zillow and others concealed all non-multiple listing services (MLS) on their websites, resulting in the real estate broker's listings losing traffic. Zillow's decision to implement a uniform two-tab display because 71% of MLSs associated with National Association of REALTORS (NAR) adopted the optional rule against commingling does not prove that there is a scheme between NAR and Zillow to hide non-MLS listings behind a secondary tab on Zillow’s platforms.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: August 16, 2023, Case #: 2:21cv312, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Seeger grants a group of egg suppliers’ motion to bifurcate their upcoming antitrust suit into a liability phase and a damages phase. A number of food companies sued the egg producers years ago, alleging the producers had conspired to artificially restrict the supply of eggs in the U.S., jacking up prices for eggs and egg products. The case has bounced around multiple districts up to this point, with prior court findings supporting the notion that a jury in this trial would find for the egg producers. As such, this court finds bifurcating liability and damages would promote judicial economy.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: August 11, 2023, Case #: 1:11cv8808, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, Civil Procedure
J. Boulware grants the former UFC fighters’ motion to certify class as to actively competing fighters in their suit over the UFC’s dominance in mixed martial arts, allegedly because of anticompetitive behavior. The class contains over 1,200 members residing throughout the United States, making joinder impractical, and satisfying numerosity. All factors have been established for class certification, such as commonality, being that predominance has been established.
Court: USDC Nevada, Judge: Boulware, Filed On: August 9, 2023, Case #: 2:15cv1045, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action, Contract
J. Mehta refuses to dismiss certain antitrust claims filed by the government and 38 states regarding Google’s alleged exclusionary practices as applied to search engine services and search advertising. There are genuine disputes of fact regarding the claim Google's exclusive dealing arrangements violate the Sherman Act and whether Google's disparate development of certain ad-buying features has an anticompetitive effect.
Court: USDC District of Columbia, Judge: Mehta, Filed On: August 4, 2023, Case #: 1:20cv3010, NOS: Antitrust - Other Suits, Categories: Antitrust, Corporations, Technology
J. Demarchi partially grants a class application for attorney fees and expert fees in this antitrust litigation related to telescopes. The class is granted $71,652 in attorney and expert fees, which is reduced $95,000 from the original amount requested, as it was unreasonable and inconsistent with a prior order.
Court: USDC Northern District of California, Judge: Demarchi, Filed On: August 2, 2023, Case #: 5:20cv3642, NOS: Antitrust - Other Suits, Categories: Sanctions, Experts, Attorney Fees
J. Johnston partially grants a group of pharmacy companies’ motion to dismiss antirust claims brought by a collection of Medicare benefit providers. The providers claim the pharmacy companies violated consumer protection laws by raising the price of the rare pediatric medication Acthar from only $750 per vial to almost $39,000 per vial. The court finds the providers have sufficiently alleged their direct purchaser claims to survive dismissal, but tosses their indirect purchaser claims without prejudice.
Court: USDC Northern District of Illinois, Judge: Johnston, Filed On: July 28, 2023, Case #: 3:20cv50056, NOS: Antitrust - Other Suits, Categories: Antitrust, Fraud, Consumer Law
J. Eagles grants, in part, a receiver's motion to use proceeds from the sale of a home to satisfy a lien. The former homeowner's lis pendens is valid and, therefore, takes priority over later-filed encumbrances on the property.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: July 21, 2023, Case #: 1:19cv1076, NOS: Antitrust - Other Suits, Categories: Property, Banking / Lending
J. Failla partially denies the S&P's motion to dismiss this "double-pronged" antitrust and copyright action stemming from the agency's administration of the CUSIP Service Bureau, which creates numeric identifiers for each specific U.S. security. The investors sufficiently allege that the S&P's policy of allowing third-party vendors to distribute data only to users who have signed subscription agreements may be intended purely to eliminate competition.
Court: USDC Southern District of New York, Judge: Failla, Filed On: July 14, 2023, Case #: 1:22cv1929, NOS: Antitrust - Other Suits, Categories: Antitrust, Copyright, Securities
J. Chesney finds in favor of two California pet food manufacturers in the consumers' class action alleging that they were tricked into thinking the manufacturers' pet food contains medicine because the pet food had to be prescribed by a vet. As an industry standard, being prescribed a certain pet food by a vet is not necessarily an indication that the pet food contains drugs or medicine, and the products already have accurate, clear ingredient lists that do not require a veterinarian to understand.
Court: USDC Northern District of California, Judge: Chesney, Filed On: July 12, 2023, Case #: 3:16cv7001, NOS: Antitrust - Other Suits, Categories: Consumer Law, Class Action
J. Albregts denies a hotel customer’s motion to appoint interim class counsel in this suit alleging certain Las Vegas hotels used a common third-party algorithm to artificially inflate hotel prices. There are no competing lawsuits or firms creating a need to clarify responsibility for class interest protection. The court stays discovery, but in finding that the parties’ discovery plan contains deficiencies, it denies the joint plan without prejudice.
Court: USDC Nevada, Judge: Albregts, Filed On: July 11, 2023, Case #: 2:23cv140, NOS: Antitrust - Other Suits, Categories: Antitrust, Discovery, Class Action
J. Bulsara partially grants a motion for leave to amend a seconded amended class-action suit against American Express alleging various antitrust and consumer law violations. The court denies the litigants’ requests to add three additional class representatives for Alabama, Hawaii and North Carolina as untimely, but allows them to narrow the class definition as agreed upon by both parties.
Court: USDC Eastern District of New York, Judge: Bulsara, Filed On: July 11, 2023, Case #: 1:19cv566, NOS: Antitrust - Other Suits, Categories: Antitrust, Consumer Law, Class Action
J. Corley rejects the Federal Trade Commission’s request for a preliminary injunction to block Microsoft’s $69 billion plan to purchase Activision Blizzard. The FTC fails to prove that it is likely it will prevail on its claim that the vertical merger may substantially lessen competition in the console, library subscription services or cloud gaming markets. While the merger “deserves scrutiny,” the evidence presented shows no incentive for Microsoft to foreclose Call of Duty from Sony PlayStation.
Court: USDC Northern District of California, Judge: Corley , Filed On: July 10, 2023, Case #: 3:23cv2880, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Howell denies rail companies' motion to dismiss a company's allegations of a multi-year price-fixing conspiracy among the four largest railroads in the country to increase the price of rail freight transport. The company, as a member of the putative class, raising the same claims against a subset of the same defendants, is entitled to the same tolling as another class member. Because the company's claims were filed within four years of the end of the tolling period, the claims are not time-barred.
Court: USDC District of Columbia, Judge: Howell, Filed On: June 21, 2023, Case #: 1:20mc8, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Howell denies rail companies' motion to dismiss a company's allegations of a multi-year price-fixing conspiracy among the four largest railroads in the country to increase the price of rail freight transport. The company, as a member of the putative class, raising the same claims against a subset of the same defendants, is entitled to the same tolling as another class member. Because the company's claims were filed within four years of the end of the tolling period, the claims are not time-barred.
Court: USDC District of Columbia, Judge: Howell, Filed On: June 21, 2023, Case #: 1:22cv2587, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Vance grants a request by a state regulatory board and a trade group of car and truck dealers, dismissing an anti-trust suit by electric car maker Tesla alleging that they violated federal antitrust laws by conspiring to exclude Tesla from operating in Louisiana. Tesla repeatedly points out that many of the commissioners are members of the trade group representing some 350 car and truck dealers across the state. “But federal courts across the country have concluded that “[m]ere membership in associations is not enough to establish participation in a conspiracy with other members of those associations.”
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: June 16, 2023, Case #: 2:22cv2982, NOS: Antitrust - Other Suits, Categories: Antitrust, Commerce, Government