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Federal Judge Hangs Up On Apple’s Smartphone Antitrust Claims

				
Posted  08/17/12
								

				 
								 				Judge Barbara B. Crabb of the Western District of Wisconsin has granted Motorola Mobility Inc. partial summary judgment on antitrust counterclaims that Apple Inc. has been asserting against Motorola in the patent infringement case of Apple Inc. v. Motorola Mobility Inc.

The case stems from Apple’s release of the iPhone in 2005 without first seeking a license for the use of 3G technology developed and patented by...				 
				 					 

						
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													  Antitrust Litigation, 
													  Intellectual Property Law and Antitrust, 
												
						

					
	
								
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Variable Prices Save Wholesale Retailers From Grocers’ Class Action Claims

				
Posted  08/8/12
								

				 
								 				Finding pricing issues too variable for common treatment, a federal court has  of their customer allocation claims against wholesale retailers SUPERVALU and C&S.

The plaintiffs in the  are retail grocers who allege that defendants SUPERVALU and C&S – two of the largest grocery product wholesalers in the...				 
				 					 

						
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													  Antitrust Litigation, 
												
						

					
	
								
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Third Circuit Agrees With FTC In Applying Stricter Reverse-Payment Settlement Test

				
Posted  07/31/12
								

				 
								 				The U.S. Court of Appeals for the Third Circuit  summary judgment in In re K-Dur Antitrust Litigation, and resurrected claims against defendant drug manufacturers that entered into so-called “reverse-payment” or “pay-for-delay” patent litigation settlements that allegedly delayed the sale of generic drugs.

The Third Circuit held that settlement agreements in which patent holders make payments to...				 
				 					 

						
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													  Antitrust Litigation, 
													  Intellectual Property Law and Antitrust, 
												
						

					
	
								
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Europeans Eying Whether It’s Déjà Vu All Over Again In New Microsoft Browser Probe

				
Posted  07/23/12
								

				 
								 				The European Commission has  to determine whether Microsoft failed to comply with its 2009 commitment to the Commission to encourage Internet browser competition by providing Windows users in Europe with a screen showing the 12 most popular browsers.

In December 2009, the Commission’s competition office found that Microsoft’s practice of offering only its browser, Internet Explorer, to...				 
				 					 

						
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													  Antitrust Enforcement, 
													  International Competition Issues, 
												
						

					
	
								
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Penguin’s Motion To Compel Arbitration Doesn’t Fly In eBooks Case

				
Posted  07/11/12
								

				 
								 				A federal judge in the Southern District of New York has shot down a motion to compel arbitration filed by Penguin Group (USA), Inc. in the widely-followed case of In re: Electronic Books Antitrust Litigation.

Plaintiffs allege that Penguin and other book publishers violated the antitrust laws by conspiring to fix and raise prices for eBooks.  Penguin moved the court to stay the proceedings and compel arbitration...				 
				 					 

						
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													  Antitrust Litigation, 
													  Price Fixing, 
												
						

					
	
								
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Supremes To Return To Health Care Market

				
Posted  07/9/12
								

				 
								 				As the United States continues to process the Supreme Court’s opinion on the constitutionality of the Affordable Care Act, the Court has accepted another important case in the health care industry.

The Supreme Court has granted the FTC’s petition challenging a hospital merger in Federal Trade Commission v. Phoebe Putney Health System, Inc.  Antitrust practitioners are closely following the case because the...				 
				 					 

						
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													  Antitrust Enforcement, 
													  Antitrust Litigation, 
													  Monopolization, 
												
						

					
	
								
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Court Holds Football Players’ Claims Fail To Thread American Needle

				
Posted  06/27/12
								

				 
								 				Football players’ antitrust claims that the National Football League (“NFL”) and teams conspired to deprive them of their rights to football game footage are being kicked out of court after a federal judge found that the plaintiffs had failed to come within the Supreme Court’s holding in .

Judge Paul A. Magnusen of the U.S. District...				 
				 					 

						
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													  Antitrust Litigation, 
													  Intellectual Property Law and Antitrust, 
													  Monopolization, 
												
						

					
	
								
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Pharmacies Allege Antidepressant Manufacturers Depressed Generic Competition

				
Posted  06/22/12
								

				 
								 				CVS and Rite Aid pharmacies have filed an antitrust complaint in the U.S. District Court for the District of New Jersey against Wyeth Inc. and Teva Pharmaceuticals for allegedly conspiring to keep generic versions of the popular antidepressant Effexor XR out of the hands of consumers.

The two pharmacies allege in Rite Aid Corp et al. v. Wyeth Inc. et al, that the anticompetitive conspiracy included fraudulently...				 
				 					 

						
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													  Antitrust Litigation, 
													  Intellectual Property Law and Antitrust, 
												
						

					
	
								
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Seventh Circuit Finds Interlocking Directors Cause No Antitrust Injury To Shareholders

				
Posted  06/20/12
								

				 
								 				The U.S. Court of Appeals for the Seventh Circuit has rejected a shareholder derivative action on the ground that that the shareholders suffered no antitrust injury from interlocking directorships even though such accumulation of market power may violate federal antitrust law.

The Seventh Circuit reached this conclusion in ordering the dismissal of the complaint in Robert F. Booth Trust v. Crowley, a shareholder...				 
				 					 

						
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													  Antitrust Litigation, 
												
						

					
	
								
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Cable Companies Facing Antitrust Investigation Of Video Streaming Limits

				
Posted  06/15/12
								

				 
								 				The U.S. Department of Justice (“DOJ”) is conducting an investigation to determine whether or not Internet usage caps and subscription perks offered by large cable and Internet providers violate antitrust laws by unreasonably restraining streaming video.

 that the DOJ’s Antitrust Division has spoken about Internet data caps with Comcast, Time Warner Cable, and other cable...				 
				 					 

						
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													  Antitrust Enforcement, 
												
						

					
	
								
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