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Sep 12, 2023

Antitrust trial centers of Google search engine’s power

The U.S. government is taking aim at what has been an indomitable empire: Google’s ubiquitous search engine that has become the internet’s main gateway. The legal attack will swing into full force today in a Washington federal courtroom that will serve as the battleground for the biggest U.S. antitrust trial since regulators went after Microsoft […]

Apr 6, 2023

New antitrust lawsuit against NCAA seeks millions in damages

The attorneys who beat the NCAA in the Supreme Court have filed a new class-action antitrust lawsuit against the association and the five wealthiest college sports conferences that seeks millions of dollars in damages for thousands of athletes. The case was filed Tuesday — the day after the NCAA Tournament concluded — in the Northern […]

Nov 9, 2016

Antitrust suit can proceed

A nurse staffing company can move forward with an antitrust suit alleging that a network of South Carolina hospitals orchestrated a wage-fixing scheme. The case appears to mirror litigation in Arizona that resulted in a $22.5 million settlement. U.S. District Judge Mary Lewis found that the Greenville-based Advance Nursing Corp.’s claims against the nonprofit South […]

Feb 10, 2016

Corporate – Antitrust Claims Fail Against Concert Promoters

It’s My Party Inc. v. Live Nation Inc. (Lawyers Weekly No. 001-028-16, 31 pp.) (Wilkinson, J.) No. 15-1278, Feb. 4, 2016; USDC at Baltimore, Md. (Motz, J.) 4th Cir. Holding: It’s My Party Inc., a regional concert promoter that owns venues such as the Merriweather Post Pavilion, loses its antitrust suit against national concert promoter […]

Nov 4, 2015

Antitrust – Panel Splits on Twombly Standard for Antitrust Claim

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 manufacturers voted to engage in a group boycott of plaintiff’s safety technology in an effort […]

Sep 16, 2015

Antitrust – Saw Company Group Boycott Claim Survives

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 manufacturers voted to engage in a group boycott of plaintiff’s “active injury mitigation technology” in […]

Feb 19, 2015

Judge rules against American Express in antitrust suit

NEW YORK — American Express violated U.S. antitrust laws by barring merchants from asking customers to use one credit card over another, a federal judge ruled Thursday. The case was a major blow to American Express, who argued that its policies kept it competitive against the larger payment networks Visa and MasterCard and their bank […]

Jun 14, 2013

Teeth whitening ruling weakens antitrust shield

A 4th U.S. Circuit Court of Appeals ruling in a dispute over teeth whitening has exposed just about every occupational regulatory board in the Carolinas, including the N.C. State Bar, to federal antitrust attacks. The S.C. Bar may be less affected, however, as regulation of lawyers in the Palmetto State is handled by the Supreme Court, rather than by lawyers themselves.

Jul 24, 2012

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.

May 23, 2012

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.

Sep 21, 2011

Civil Practice – Federal Jurisdiction – Removal – Class Action Fairness Act – State as Plaintiff – Parens Patriae – Remand — Antitrust

South Carolina v. LG Display Co. The State of South Carolina filed this antitrust action seeking civil forfeitures and statutory penalties pursuant to its parens patriae power in addition to seeking restitution on behalf of a particular subset of S.C. citizens. As such, this case is not removable under the Class Action Fairness Act. The state’s motion to remand to state court is gran[...]

Mar 18, 2011

Antitrust – Civil Practice – Counterclaim Allegations – Geographic Market – Body Armor Fibers

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. Holding: Saying “this case is no Twombly,” the 4th Circuit reverses a district court’s dismissal […]

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