In an opinion today in the Uber antitrust case, which was on remand from the Second Circuit (see our prior coverage here), Judge Rakoff sent the case to arbitration based on the “Terms of Service” within Uber’s phone application. Before doing so, however, he complained of having to enforce terms that “everyone recognizes” are “totally … Continue Reading
In a complaint filed earlier this week, a group of Broadway producers accused various Broadway casting companies of “band[ing] together to form a casting cartel, enlisting the help of the Teamsters to force Broadway producers to engage in collective negotiations.” The Broadway League, representing the producers, notes that “the market for casting services is highly … Continue Reading
In an opinion today, Judge Failla dismissed entirely a case brought by a bar exam company referred to as “LBE” that specializes in students with LL.M. degrees. LBE accused the industry leader, Barbi, of colluding with law schools nationwide to harm its business, but LBE’s own complaint — 78 pages long and with 63 exhibits — actually … Continue Reading
As part of the ongoing Uber antitrust litigation, the Second Circuit yesterday reversed Judge Rakoff’s earlier ruling that the arbitration clause in Uber’s terms of service was not enforceable (see our previous coverage of Judge Rakoff’s decision here, and the interlocutory appeal here).… Continue Reading
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
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
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
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
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
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
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
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
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
In an opinion yesterday, Judge Rakoff denied a motion to dismiss a class action against Uber CEO Travis Kalanick alleging that he and Uber drivers had entered into an illegal conspiracy to fix Uber prices at those set by Uber’s algorithm. According to the complaint, this arrangement guarantees that the drivers will not be competing … Continue Reading
Today, the Supreme Court denied Apple’s petition for certiorari in the government’s antitrust case against it over e-books. Our prior posts on the case are here.… Continue Reading
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
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
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
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
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
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
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
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
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
