Antitrust

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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 “all or nothing” licenses. Judge Engelmayer rejected the plaintiffs’ claims that there was an unlawful conspiracy among the over 20,000 composers and musicians (referred to as “affiliates”) who licensed their music through SESAC, but held that the plaintiffs’ claims could proceed regarding the smaller subset of affiliates who, in exchange for large upfront payments, signed “supplemental” agreements that would discourage them from directly licensing their works.  These affiliates were  generally the “key” composers whose music was too ubiquitous for TV stations to avoid.  As Judge Engelmayer explained:
Continue Reading In Antitrust Challenge to Blanket Music License Program, Judge Engelmayer Allows Narrowed Claims to Proceed

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 the appointment of the monitor:
Continue Reading In Written Decision Upholding Apple Antitrust Monitor, Judge Cote Urges “Reset” of Relations

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 the monitor here.  Prior posts on the case, proving more background, are here.) Apple’s moving brief argues:
Continue Reading Apple Seeks to Stay The Work of “Adversarial” Antitrust Monitor Pending E-Books Appeal

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 and to report to Judge Cote without the participation of Apple’s lawyers. In a filing Wednesday, Apple vigorously objected:
Continue Reading Apple Seeks to Limit Power and Pay of Antitrust Monitor