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In re Cipro Cases I & II
Settlement of patent infringement lawsuit does not violate antitrust law where restraint on competition does not go beyond exclusionary scope of patent.
Antitrust Nov. 1, 2011
Flagship Theatres of Palm Desert LLC v. Century Theatres Inc.
Plaintiff alleging antitrust injury must show loss from competitive-reducing aspect of defendant’s conduct, not that conduct actually rendered market less competitive.
Antitrust Oct. 2, 2011
Flagship Theatres of Palm Desert LLC v. Century Theatres Inc.
Plaintiff alleging antitrust injury must show loss from competitive-reducing aspect of defendant’s conduct, not that conduct actually rendered market less competitive.
Antitrust Sep. 2, 2011
State of California v. Safeway Inc.
Employers’ profit sharing agreement does not violate antitrust law per se, or under ‘quick look’ analysis, where anticompetitive effects are not obvious.
Antitrust Jul. 13, 2011
Brantley v. NBC Universal Inc.
Consumers’ complaint failing to show that defendants’ practices excluded competitors from entering market is insufficient to show injury under Sherman Act.
Antitrust Jun. 6, 2011
Chun v. Korean Air Lines Co. Ltd.
State price-fixing claims fail because Airline Deregulation Act of 1978 preempts state regulation of foreign air carriers.
Antitrust Apr. 18, 2011
Shames v. California Travel and Tourism Commission
No state immunity from antitrust suit exists when legislation did not intend California Travel and Tourism Commission to establish price-fixing in rental car industry.
Antitrust Nov. 25, 2010
State of California ex rel. Brown v. Safeway Inc.
Employers’ profit sharing agreement is not necessary to collective bargaining process and therefore not exempt from antitrust review under labor exemption.
Antitrust Aug. 18, 2010
Clayworth v. Pfizer Inc.
Pharmacies that are not ultimate purchasers of pharmaceuticals can sue to recover damages from manufacturer price fixing without prohibition by pass-on defense.
Antitrust Jul. 13, 2010
Coalition for ICANN Transparency Inc. v. VeriSign Inc.
Antitrust claim is sufficiently stated where contract between organizations included automatic renewal provision with 'illusory' re-bid possibility.
Antitrust Jul. 12, 2010
Shames v. California Travel and Tourism Commission
California Travel and Tourism Commission is entitled to immunity from antitrust suit alleging that agency engaged in price-fixing of rental car rates.
Antitrust Jun. 9, 2010
American Needle Inc. v. National Football League
Corporate entity formed by NFL to manage licensing of intellectual property engages in conduct covered by Section 1 of Sherman Act.
Antitrust May 24, 2010
Allied Orthopedic Appliances Inc. v. Tyco Health Care Group LP
Company does not violate Sherman Act by using marketing agreements to give discounts to buyers in exchange for commitment to buy products.
Antitrust Jan. 7, 2010
Coalition for ICANN Transparency Inc. v. VeriSign Inc.
Antitrust claim is sufficiently stated where contract between organizations included automatic renewal provision with 'illusory' re-bid possibility.
Antitrust Jun. 8, 2009
William O. Gilley Enterprises Inc. v. Atlantic Richfield Co.
Plaintiffs' claim alleging bilateral exchange agreements have anticompetitive effects is not precluded.
Antitrust Apr. 6, 2009
Pacific Bell Telephone Co. v. Linkline Communications Inc.
Price-squeeze claim not valid under Sherman Act, Section 2 when defendant did not have antitrust duty to deal at wholesale.
Antitrust Feb. 26, 2009
Kaiser Foundation Health Plan Inc. v. Abbott Laboratories Inc.
'Noerr-Pennington' doctrine does not immunize company where failure to disclose information to Patent and Trademark Office was not inadvertent.
Antitrust Jan. 13, 2009
UAS Management Inc. v. Mater Misericordiae Hospital
Tying sales of outpatient services with inpatient services over which hospital had monopoly in geographic market violated Cartwright Act.
Antitrust Jan. 13, 2009
UAS Management Inc. v. Mater Misericordiae Hospital
Tying sales of outpatient services with inpatient services over which hospital had monopoly in geographic market violated Cartwright Act.
Antitrust Dec. 19, 2008
Fones4All Corp. v. Federal Communications Commission
Competitive local exchange carrier must exhaust administrative remedies before challenging denial of its petition for forbearance from FCC regulation.
Antitrust Dec. 17, 2008
Theme Promotions Inc. v. News America Marketing FSI
Right of first refusal agreements between publisher of coupon inserts and packaged goods companies violate California antitrust law.
Antitrust Oct. 13, 2008
Centerprise International v. Micron Technology Inc.
In antitrust case, plaintiff fails to show that higher U.S. prices for computer memory chip proximately caused its foreign injury.
Antitrust Oct. 10, 2008
Clayworth v. Pfizer Inc.
Pharmacies who 'pass-on' claimed overcharges to customers are not injured by price-fixing.
Antitrust Aug. 20, 2008
Theme Promotions Inc. v. News America Marketing FSI
Right of first refusal agreements between publisher of coupon inserts and packaged goods companies violate California antitrust law.
Antitrust Aug. 20, 2008
Centerprise International v. Micron Technology Inc.
In antitrust case, plaintiff fails to show that higher U.S. prices for computer memory chip proximately caused its foreign injury.
Antitrust Aug. 14, 2008
Clayworth v. Pfizer Inc.
Pharmacies who 'pass-on' claimed overcharges to customers are not injured by price-fixing.
Antitrust Jul. 29, 2008
Gerlinger v. Amazon.com Inc.
In antitrust case, plaintiff lacks Article III standing because he did not show he suffered injury-in-fact.
Antitrust May 27, 2008
Delaware Valley Surgical Supply Inc. v. Johnson & Johnson
Plaintiff lacks standing to pursue antitrust claim because it is not 'direct purchaser' of defendant's products.
Antitrust May 1, 2008
Costco Wholesale Corp. v. Maleng
Central warehousing ban, erroneously found to be hybrid restraint, is not preempted by Section 1 of Sherman Act.
Antitrust Apr. 2, 2008
Kendall v. Visa U.S.A. Inc.
Plaintiffs failed to state claim under Section 1 of Sherman Act when they did not detail specific facts of alleged conspiracy.
Antitrust Mar. 10, 2008