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Antitrust
Unfair Competition
Consumer Law

In re Ebay Seller Antitrust Litigation

Published: Apr. 24, 2010 | Result Date: Mar. 4, 2010 | Filing Date: Jan. 1, 1900 |

Case number: C-07-01882-JF Summary Judgment –  Defense

Court

USDC Northern


Attorneys

Plaintiff

Hector Martinez

Joseph P. Garland

Daniel Hume

Shana E. Scarlett
(Hagens, Berman, Sobol & Shapiro LLP)

I. Stephen Rabin

Beverly Tse

Douglas G. Thompson

Michael McShane

Steve W. Berman
(Hagens, Berman, Sobol & Shapiro LLP)

Joseph V. McBride

David Kovel

Reed R. Kathrein
(Hagens, Berman, Sobol & Shapiro LLP)

Stanley S. Mallison
(Mallison & Martinez )

George W. Sampson

Jeff D. Scarlett

Mila F. Bartos


Defendant

Richard G. Parker

Michael F. Tubach
(O'Melveny & Myers LLP)

Katherine M. Robison

Randall W. Edwards
(O'Melveny & Myers LLP)

Laurie K. Dean

Patrick T. Hein

Thomas P. Brown
(Brown Gitt Law Group ALC)

Patricia B. Hsue
(Federal Trade Commission)

Brynly R. Llyr

Julie D. Wood


Facts

A class of all auction sellers on eBay and a class of all eBay auction sellers who accept PayPal alleged that they were subjected to increased prices. They filed suit in April 2007 against eBay for allegedly anticompetitive business practices.

Contentions

PLAINTIFF'S CONTENTIONS:
Representatives of the purported classes argued that eBay engaged in anti-competitive business practices and that eBay monopolized markets for on-line auctions and on-line person-to-person payments. They claimed that as a result, the classes of sellers paid fees that were too high.

Result

The district court granted eBay summary judgment. The court held that the class had failed to come forward with proof that eBay's allegedly anticompetitive acts had caused any harm to the purported classes of eBay sellers.


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