Tag Archives: Antitrust

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

Judge Cote Allows Credit Default Swap Antitrust Action to Proceed

In an opinion today, Judge Cote largely denied motions to dismiss from various banks and others accused of colluding to maintain control of the market for credit default swaps. According to the complaint, a joint venture led by Citadel tried to establish a clearinghouse called CMDX that would potentially threaten the defendants’ market dominance, and … Continue Reading

Judge Forrest Dismisses Aluminum Antitrust Case; Rules Price Increase “Unintended Consequence” of Parallel Conduct

In an 85-page ruling today, Judge Forrest dismissed a group of cases alleging that trading firms and warehouse operators conspired to increase the price of aluminum. The opinion states that the motion consisted of more than 2,600 pages of material, and refers to the fact that the parties delivered a tutorial to Judge Forrest on the workings of … Continue Reading

Judge Scheindlin: MLB, NHL Television Deals Not Exempt from Antitrust Laws

In an opinion issued on Friday, Judge Scheindlin denied the summary judgment motion of MLB, the NHL, Comcast and DirectTV on antitrust claims rising out of the territorial distribution of television rights the sports leagues have arranged with regional sports networks.  Under the current system, fans are able only to watch a team’s games if … Continue Reading

MLB and NHL Move for Summary Judgment in Antitrust Cases Over “Territorial” Broadcast Structure

In a pair of consolidated cases 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 packages like MLB Extra Innings or NHL Center Ice … Continue Reading

Judge Daniels Agrees With Judge Buchwald That Rate Manipulation Does Not Create Antitrust Injury

In a decision Friday dismissing antitrust claims arising from the alleged manipulation of Euroyen TIBOR and Yen-LIBOR rates, Judge Daniels agreed with Judge Buchwald — who dismissed similar allegations regarding LIBOR rates (see our post here) — that fixing rates does not give rise to antitrust injury because the process of establishing interest rate indexes … Continue Reading

In Antitrust Challenge to Blanket Music License Program, Judge Engelmayer Allows Narrowed Claims to Proceed

In an opinion today, Judge Engelmayer granted in part and denied in part the summary judgment motion of SESAC, a company that, similar to BMI and ASCAP, offers the blanket music licenses that allow TV stations to broadcast programs that contain copyrighted music.  The TV station plaintiffs allege that the SESAC charges exorbitant prices for … Continue Reading

In Written Decision Upholding Apple Antitrust Monitor, Judge Cote Urges “Reset” of Relations

This morning, Judge Cote issued a written decision reflecting an earlier, oral order to deny Apple’s motion to stay the work of an external monitor pending appeal of the case in which Apple was found liable for antitrust violations relating to the sale of e-books. Judge Cote found that Apple had largely waived arguments about … Continue Reading

Apple Seeks to Stay The Work of “Adversarial” Antitrust Monitor Pending E-Books Appeal

In briefing completed this evening, Apple moved to stay the portion of the injunction Judge Cote imposed in the e-books price-fixing case relating to an external antitrust monitor that Apple contends is improperly acting as an adversary in violation of the Constitution’s separation of powers and the federal rules.  (We covered Apple’s earlier objection to … Continue Reading

Judge Cote Agrees With Apple That Antitrust Monitor Should Not Speak Ex Parte With Court

In an Order Monday, Judge Cote agreed with Apple’s objection, discussed in the post below, that its external antitrust monitor should not contact the court ex parte. As for Apple’s other objections concerning ex parte witness interviews and the monitor’s compensation, she directed the parties to confer with the government and, if the issues could … Continue Reading

Apple Seeks to Limit Power and Pay of Antitrust Monitor

As part of the remedy for Apple’s antitrust violations relating to the sale of e-books, Judge Cote in September required that Apple employ an antitrust monitor to evaluate its antitrust policies and compliance.  On November 21, Judge Cote, apparently sua sponte, proposed amendments to her final judgment that would allow the monitor, Michael Bromwich, to interview Apple employees … Continue Reading
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