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NCAA Athletes Score On Injunctive Class Certification As Court Blocks Damage Claims

				
Posted  11/21/13
								

				 
								 				Former and current student athletes have achieved a major goal in their class action challenging National Collegiate Athletic Association (“NCAA”) rules permitting the use of their likenesses without compensation, convincing the U.S. District Court for the Northern District of California to certify a class for their claims for injunctive relief.

The NCAA also scored in In re: NCAA Student-Athlete Name &...				 
				 					 

						
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All In All, Illinois Brick Won’t Be Another Brick In The Wall Against Indirect Purchaser Suits In Canada

				
Posted  11/19/13
								

				 
								 				The Supreme Court of Canada has  not to import the U.S. bar to antitrust damage suits by indirect purchasers, rejecting the rule adopted by the U.S. Supreme Court in the landmark case of Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977).

In three antitrust cases, the Canadian Supreme Court held that indirect purchasers could bring class actions seeking damages sustained as a result of overcharges passed on...				 
				 					 

						
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Eleventh Circuit Shoots Down Second Antitrust Bid By Atlanticus

				
Posted  11/6/13
								

				 
								 				The U.S. Court of Appeals for the Eleventh Circuit has affirmed the dismissal of a novel antitrust counterclaim brought by Atlanticus Holdings Corp. against a group of hedge funds, holding that the doctrine of res judicata bars Atlanticus’s attempt to relitigate the issue.

The plaintiffs in Akanthos Capital Mangement et al. v. Atlanticus Holdings Corp. are 21 hedge funds, including Akanthos Capital Management...				 
				 					 

						
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San Jose Gets Beaned By Baseball Antitrust Exemption In Case Against Major League Baseball

				
Posted  10/29/13
								

				 
								 				The City of San Jose may have gotten beaned by a  that its federal and state antitrust claims against Major League Baseball (“MLB”) should be dismissed under baseball’s nearly century-old antitrust exemption, but it still gets to dust itself off and proceed to first base on its contract interference claims.

San Jose is alleging in ...				 
				 					 

						
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THE EUROPEAN COMMISSION PROPOSES TO REGULATE INTERCHANGE FEES

				
Posted  10/17/13
								

				 
								 				On 24 July 2013, the European Commission adopted a package of proposed legislative measures to improve the current payment services framework. Alongside a new Payment Services Directive (PSD), the package includes a proposal for a Regulation on interchange fees.

Interchange fees are fees paid by a merchant’s bank (the acquiring bank) to the cardholder’s bank (the issuing bank) for card-based payment...				 
				 					 

						
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EUROPEAN COMMISSION INVESTIGATION CONCLUDES EU ANTITRUST INFRINGEMENT

				
Posted  10/17/13
								

				 
								 				A two-year European Commission investigation has preliminarily concluded that some of the world’s largest investment banks -in addition to two bodies that they control:  Markit and the International Swaps and Derivatives Associations (ISDA) -have infringed EU antitrust rules by colluding to prevent exchanges from entering the credit derivatives market between 2006 and 2009. As a result, rival firms were unable to...				 
				 					 

						
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LIBOR ICAP SETTLEMENT

				
Posted  10/17/13
								

				 
								 				At the end of September, London interdealer broker ICAP agreed to pay £55 million in settlement of allegations of wrongdoing to UK and US regulators.  The investigations alleged that ICAP traders had participated in Libor rate fixing.  ICAP is the fourth financial institution to enter into a financial settlement with regulators in the UK and the US.  Previous global Libor settlement figures agreed by Barclays, UBS...				 
				 					 

						
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Feds Streamline Confidentiality Waiver For International Antitrust Investigations

				
Posted  10/16/13
								

				 
								 				The U.S. Department of Justice Antitrust Division and the Federal Trade Commission (“FTC”)  that they are issuing a  designed to facilitate international antitrust investigations.

The Antitrust Division and the FTC often ask individuals and companies involved in civil investigations to permit the agencies to share confidential information provided in the...				 
				 					 

						
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J.P. Morgan Convinces Second Circuit That Natural Gas Investors’ Aiding And Abetting Claims Are Hot Air

				
Posted  10/10/13
								

				 
								 				The United States Court of Appeals for the Second Circuit has affirmed the dismissal of J.P. Morgan Chase & Co. and two of its subsidiaries, J.P. Morgan Chase Bank, Inc. and J.P. Morgan Futures, Inc., from In re: Amaranth Natural Gas Commodities Litigation, a suit brought by natural gas futures contracts purchasers that alleged J.P. Morgan aided and abetted the massive price manipulation scheme that led to the 2006...				 
				 					 

						
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Tenth Circuit Rules Microsoft Had No Duty To Deal With Novell’s WordPerfect

				
Posted  10/8/13
								

				 
								 				The U.S. Court of Appeals for the Tenth Circuit  Novell, Inc.’s bid to resurrect its antitrust claims accusing Microsoft Corporation of maintaining its monopoly in the operating systems market by withdrawing its support for WordPerfect and other Novell applications.

The Court  of the U.S. District Court for the District of Utah in Novell v. Microsoft Corp. granting Microsoft...				 
				 					 

						
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