South Carolina Lawyers Weekly

After a jury determined the merger of two manufacturers in the American doorskin market violated the Clayton Antitrust Act, the remedy included unwinding the merger and ordering the sale of the acquired company. Background JELD-WEN Inc. acquired a competitor, CMI, ...

Plaintiffs allege that defendants, who produce ready-mix concrete, engaged in secret communications, price fixing, and the dividing up of markets in South Carolina and Georgia. Plaintiffs’ allegations are sufficient to state a restraint-of-trade claim under § 1 of the Sherman ...

Century Aluminum of South Carolina, Inc. v. South Carolina Public Service Authority (Lawyers Weekly No. 002-171-17, 20 pp.) (Richard Mark Gergel, J.) 2:17-cv-00274; D.S.C. Holding: Where the defendant-electric utility has been granted a monopoly in a clear articulation of state ...

Tagged with: Public Utilities

Advance Nursing Corp. v. South Carolina Hospital Association (Lawyers Weekly No. 002-209-16, 13 pp.) (Mary Geiger Lewis, J.) 6:16-cv-00160; D.S.C. Holding: Plaintiff has stated an antitrust claim by alleging that defendants have conspired to control exclusively the traveling and temporary ...

Tagged with: Nurse

SD3 LLC v. Black & Decker U.S. Inc. (Lawyers Weekly No. 001-164-15, 98 pp.) (Agee, J.) No. 14-1746, Oct. 29, 2015; USDC at Alexandria, Va. (Cacheris, J.) 4th Cir. Holding: Plaintiff table-saw manufacturer states an antitrust claim by alleging defendant ...

Tagged with: Antitrust

SD 3LLC v. Black & Decker (U.S.) Inc. (Lawyers Weekly No. 001-155-15, 98 pp.) (Agee, J.) No. 14-1746, Sept. 15, 2015; USDC at Alexandria, Va. (Hilton, S.J.); 4th Cir. Holding: Plaintiff table-saw manufacturer states an antitrust claim by alleging defendant ...

Tagged with: Antitrust

N.C. State Board of Dental Examiners v. Federal Trade Comm’n A state agency that regulates the practice of dentistry cannot overturn a Federal Trade Commission decision that the agency’s efforts to shut down teeth-whitening services performed by non-dentists constituted unfair competition that violated federal antitrust law; the 4th Circuit rejects the state dentistry board’s petition for review of the FTC order.

Downeast Builders & Realty, Inc. v. Essex Homes Southeast, Inc. In its attempted monopolization counterclaim, defendant fails to allege what “identified subclass or submarket of new houses” or what “particularized price point” plaintiff is attempting to monopolize. Furthermore, defendant fails to allege the geographic market it claims plaintiff is attempting to monopolize.

Tagged with: Antitrust

Robertson v. Sea Pines Real Estate Companies Inc. The 4th Circuit says plaintiff buyers of real estate brokerage services in South Carolina have stated an antitrust claim under the Sherman Act, 15 U.S.C. § 1, with allegations that defendant brokerages that serve as board members of the local multiple listing service conspired to unfairly restrain market competition.

Tagged with: Antitrust Real Property

E.I. DuPont de Nemours & Co. v. Kolon Industries Inc. (Lawyers Weekly No. 001-052-11, 29 pp.) (Wynn, J.) No. 10-1103, March 11, 2011; USDC at Richmond, Va. (Payne, J.) 4th Cir. Click here for the full text of the opinion. ...

Tagged with: Antitrust Civil Practice