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 ...Read More »
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 ...
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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 ...
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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.Read More »
Antitrust – Attempted Monopolization Claim – Insufficient Allegations – Relevant Market – Dangerous Probability of Success – Home Builders
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.
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Antitrust – Real Property – Multiple Listing Services – Anti-Competitive Bylaws – Putative Class Actions
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.Read More »
Md. Liquor Control - Price- FixingRead More »