Antitrust Commentary features thick commentary on current antitrust cases, HSR review, along with news on mergers and acquisitions. This blog is authored by antitrust practitioner, Matthew S. Wild of Levitt & Kaizer in New York, New York.
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In antitrust litigation, defendants routinely resist discovery pending a motion to dismiss. They rely on Bell Atlantic Corp. v. Twombly, arguing that they should not be put through the expense of discovery until the Court decides whether the claims are plausible. On September 8, 2011, the United...
On September 6, 2011, the United States District Court for the Eastern District of New York denied summary judgment for vitamin C manufacturers in In re Vitamin C Antitrust Litig., MDL No. 1738 (Decision (Vit C)). The Court rejected defendants’ act of state defense under which defendants claimed...
On January 11, 2011, Bioelements and the California Attorney General entered into a consent decree that enjoins Bioelements from entering into any agreements with retailers and distributors concerning what price they may charge for Bioelements’ products and to send notice to all retailers and...
The Seventh Circuit accepted an interlocutory appeal on a certified question arising from the district court’s denial of a motion to dismiss the second amended complaint in In re Text Messaging Antitrust Litig., No.10-8037, 2010 WL 5367383 (7th Cir. Dec. 29, 2010). Judge Posner held that the...
Class of EA Madden NFL, NCAA or Arena Football Indirect Purchasers Certified for California Antitrust Violations
On December 21, 2010, the United States District Court for the Northern District of California in Pecover v. Electronic Arts, Inc., No. 08-cv-02820-VRW, Dkt. #198 (N.D. Cal. Dec. 21, 2010), certified a nationwide class of consumers, who purchased Madden NFL, NCAA or Arena Football since January 1,...
On July 3, 2010, the Justice Yates (the trial judge) overturned his decision after a bench trial convicting William Gilman and Edward McNenny of violating the Donnolly Act (New York’s antitrust statute) for rigging bids on insurance contracts. According to the New York Times, he did so based...
Yesterday, the United States District for the Eastern District of Michigan denied a motion to dismiss the Direct Purchasers’ Consolidated Amended Class Action Complaint in In re Packaged Ice Antitrust Litig., MDL 1952 (Opinion). It held, “Plaintiffs’ CAC contains enough factual content...
Watershed Supreme Court Decision: Rule 23 Requires Class Actions To Go Forward Even Though State Law Mandates Otherwise
The Supreme Court held today that district courts must follow Fed.R.Civ. 23 in class actions alleging violations of state law even though the state statute prohibits prosecution of the claim as a class action. In Shady Grove Orthopedic Assoc. v. Allstate Insurance Co., No. 08-1008, 2010 WL 1222272...
On February 23, 2010, the California Attorney General entered into a consent decree with Dermaquest, Inc., which prohibits Dermaquest from engaging in resale price maintenance. Specifically, the order enjoins Dermaquest from requiring resellers to charge a specified price or to increase their...
Wild Law Group PLLC Named Interim Lead Counsel for the Indirect Purchasers Classes in Two Multidistrict Litigations
Wild Law Group PLLC (”WLG”) has been named interim lead and liaison counsel for the indirect purchaser class in In re Packaged Ice Antitrust Litig., MDL No. 1952 and interim lead counsel for the indirect purchaser class in In re Dairy Farmers of America Antitrust Litig., MDL No. 2031. ...