Tag Archives: Antitrust

Judge Preska: Widespread Pirating Makes Music Price Fixing Case Unsuitable for Class Treatment

In an opinion yesterday, Judge Preska refused to certify as a class action a case alleging price fixing in the digital music industry.  Among other reasons, she found that widespread pirating would raise “unclean hand” defenses that could not be determined on a classwide basis: Defendants note that two of the Proposed Class Representatives admitted … Continue Reading

Judge Forrest Dismisses Remaining Claims in Aluminum Antitrust Litigation

Yesterday, Judge Forrest dismissed the remaining claims in the ongoing aluminum antitrust litigation, which alleged that aluminum trading firms and warehouses conspired to increase the price of aluminum.  In August, the Second Circuit affirmed Judge Forrest’s dismissal of the claims brought by indirect purchaser plaintiffs who did not actually participate in the market that was supposedly … Continue Reading

Judge Rakoff Stays Antitrust Action Against Uber Pending Appeal Over Arbitrability

As part of the ongoing Uber antitrust litigation, Judge Rakoff granted today the defendants’ request to stay the proceeding pending an interlocutory appeal of his prior order denying defendants’ motion to compel arbitration (see our coverage here). Judge Rakoff noted that the while the defendants had not made a “strong showing” that they would succeed on the … Continue Reading

Second Circuit Agrees With Judge Forrest that Aluminum Consumers Lack Antitrust Standing for Alleged Conspiracy Between Warehouses and Traders

In an opinion yesterday, the Second Circuit affirmed Judge Forrest’s ruling (covered here) dismissing claims by consumer and commercial end-users who alleged that aluminum trading firms and warehouses conspired to increase the price of aluminum.  The Second Circuit ruled that the plaintiffs lacked antitrust standing because they did not participate in the markets where the … Continue Reading

Judge Rakoff Rules That Uber’s Customer Arbitration Clause Is Not Conspicuous Enough to Be Enforceable

In an opinion today, Judge Rakoff denied a motion to compel arbitration of antitrust claims against Uber’s CEO because he found that the arbitration clause was too concealed for the plaintiff to have reasonably agreed to it.  (See our prior posts on the case here.) When a user enters his or her credit card information, … Continue Reading

Judge Rakoff Orders Uber Investigative Firm to Stop “Arguably Criminal Conduct,” Uber Will Pay Plaintiff’s Fees

In the latest chapter of the saga over Uber’s background investigations into an antitrust plaintiff and his counsel (see coverage here), Judge Rakoff has ordered Uber and its investigative firm, Ergo, to cease their background investigations and has enjoined Uber from using any information found during the investigation in the antitrust proceeding.  Uber had hired Ergo to … Continue Reading

On Heels of Inquiry Into Potential Litigation Misconduct, Uber CEO Moves to Have Case Heard in Arbitration

Yesterday — just hours after Judge Rakoff ordered broad discovery from Uber and its in-house counsel regarding potentially improper investigative techniques —  Uber’s CEO moved to compel arbitration in the antitrust class action brought by Uber riders (see previous coverage here).  The motion argues that the CEO, as an employee of Uber, is entitled to assert Uber’s arbitration clause … Continue Reading

Judge Rakoff Authorizes Discovery from Uber Counsel to Probe Potentially Improper Investigation of Adversary and Opposing Counsel

A memorandum order released today reveals that, in an antitrust case against Uber’s CEO (covered here), Judge Rakoff became concerned over improper investigative techniques that Uber (or its agents) employed.  Specifically, Uber hired an firm called Ergo to investigate the plaintiff and plaintiff’s counsel, and, in doing so, Ergo’s investigator allegedly made various misrepresentations to … Continue Reading

Second Circuit Reverses Dismissal of LIBOR Antitrust Claims

In an opinion Monday, the Second Circuit reversed Judge Buchwald’s dismissal of antitrust claims based on the alleged manipulation of LIBOR (covered here).  Judge Buchwald ruled that the process of establishing LIBOR was a “cooperative” endeavor that, even if manipulated, would not cause harm to competition for purposes of the antitrust laws.  The Second Circuit disagreed: … Continue Reading

Major League Baseball Settles Broadcast Antitrust Class Action Moments Before Trial

Shortly before a nine-day bench trial was scheduled to start this morning, Major League Baseball settled an antitrust suit alleging it is anticompetitive for Major League Baseball broadcast out-of-market games only as part of a allegedly overpriced all-or-nothing packages.  As part of the settlement, MLB will offer reduced price packages for fans to stream out-of-market games … Continue Reading

Judge Forrest Dismisses Zinc Antitrust Case; Chides Lawyers for “Group Pleading”

In an opinion today, Judge Forrest dismissed (with a limited right to replead) claims that various banks and their affiliates conspired to monopolize and inflate prices in the market for zinc stored in warehouses licensed by the London Metal Exchange.  The case is similar to the aluminum antitrust cases before Judge Forrest (covered here).  She … Continue Reading

Parties File Pretrial Briefs in Antitrust Challenge to Baseball’s “Territorial” Broadcast Structure

The plaintiffs and Major League Baseball yesterday exchanged briefs in anticipation of a January 18 trial before Judge Scheindlin in a case alleging it is anticompetitive for Major League Baseball to divide the market for broadcasting games into various territories exclusive to the local teams, while allowing the broadcast of out-of-market games only as part … Continue Reading

Judge Schofield Allows U.S. Airways to Restore Damages Claim in Antitrust Case Despite Previous Waiver

Last week, Judge Schofield granted U.S. Airways’ motion to reinstate their claim for $70 million in damages ($210 million when trebled under antitrust laws) as part of a third amended complaint in an antitrust action over online booking fees.  Sabre, a global distribution system operator used by travel agents to book flights on multiple airlines, … Continue Reading

JPML Transfers Antitrust Cases Alleging Bank Manipulation of Treasuries Markets to Judge Gardephe

Last week, the Judicial Panel on Multidistrict Litigation transferred 25 actions pending in three districts to Judge Gardephe as part of a MDL concerning Treasury securities.  According to the Order, the actions all allege that “over 20 defendant banks conspired to manipulate Treasury securities auctions overseen by Federal Reserve Bank of New York, as well as the market … Continue Reading

Class Action Accuses Banks of Collusion in Market for Interest Rate Swaps

Last week, an investor class action was filed accusing a a group of banks dealing in interest rate swaps (IRS) of collusion.  According to the complaint, the banks have long dominated the market, and, in recent years, have worked together to stop buy-side investors from gaining the benefit of newly-developed exchanges that should have reduced their dominance:… Continue Reading

Second Circuit Affirms Judge Pauley’s Decision Rejecting Class Action Waiver Antitrust Claims Against Credit Card Companies

The Second Circuit yesterday affirmed an April 2014 decision by Judge Pauley (covered here) rejecting claims that American Express, Citi and Discover colluded to add arbitration clauses barring class actions to their standard card agreements.  Judge Pauley had previously ruled that the defendants had acted individually, and not collusively, when adding class action waivers to their arbitration clauses.  … Continue Reading

Second Circuit Affirms Antitrust Ruling Against Apple in E-Books Case

In a 2-1 opinion yesterday, the Second Circuit affirmed the bench trial findings of Judge Cote that Apple orchestrated a price fixing conspiracy with book publishers to collectively raise the $9.99 per-book price that Amazon was charging and that publishers believed was damaging to their business in the long term. Apple signed contracts with the publishers … Continue Reading

Judge Scheindlin Certifies Injunction Class in Antitrust Challenge to “Territorial” Structure of Sports Broadcasts

In an opinion today, Judge Schiendlin certified a Rule 23(b)(2) injunction class in a case alleging that it is anticompetitive for Major League Baseball and the National Hockey League to divide the market for games into various territories exclusive to the local teams, while allowing the broadcast of out-of-market games only as part of all-or-nothing … Continue Reading

Judge Forrest Allows Aluminum Warehouse Antitrust Case (As Amended) to Proceed

In an opinion yesterday, Judge Forrest denied (for the most part) various motions to dismiss the collection of cases alleging an antitrust conspiracy among commodity trading firms and their affiliated warehouse operators relating to the price of aluminum.  She had dismissed an earlier version of the case because it alleged only parallel (not conspiratorial) conduct … Continue Reading

In Allowing Foreign Exchange Price-Fixing Case to Proceed, Judge Schofield Disagrees With Judge Buchwald’s LIBOR Ruling

In an opinion yesterday, Judge Schofield denied various banks’ motion to dismiss a price fixing case concerning a foreign exchange benchmark called the “Fix.” Notably, Judge Schofield distinguished her ruling from Judge Buchwald’s ruling dismissing a similar case concerning the LIBOR benchmark (covered here).  Judge Buchwald had ruled there could be no “antitrust injury” because … Continue Reading

Judge Sweet Blocks Activis From “Product Hopping” Alzheimer’s Drug To Avoid Triggering Laws Requiring Substitution of Generics

In a 135-page opinion issued Thursday, but made public for the first time Friday in redacted form, Judge Sweet granted the New York Attorney General’s motion to enjoin drug maker Activis from dropping a twice-a-day Alzheimer’s drug called Namenda IR, whose patent protection is about to expire, in favor of a once-a-day version called Namenda … Continue Reading
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