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Posts Categorized: Antitrust

Posted: October 28, 2020

Class Cert Denied in In Re Aluminum Warehousing Antitrust Litigation

In In re Aluminum Warehousing Antitrust Litigation (Direct Purchaser Plaintiffs), No. 14-cv-3116-PAE (S.D.N.Y.), United States District Judge Paul A. Engelmayer denied class certification based on the failure to plaintiffs’ expert to establish the predominance of common issues among the proposed class members regarding antitrust injury. Plaintiffs, described in the opinion as “First Level Purchasers” or... Read more »

Posted: October 23, 2020

LIBOR Class Action: Settlement Update

We write to update you on recent updates regarding settlement in In Re: Libor-Based Financial Instruments Antitrust Litigation, 11-MD-02262 (“In re Libor“), the Multi-District Litigation in the Southern District of New York relating to relating to manipulation of LIBOR or the London Interbank Offered Rate for the U.S. dollar. Before going into the latest updates... Read more »

Posted: October 18, 2019

Class Action Asserting Federal Antitrust Claims Did Not Toll State Antitrust Claims

On March 29, 2019, Judge Wilson of the Bergen County Superior Court (Law Division) issued a decision in Mercedes-Benz USA, LLC, v. Nippon Yusen Kabushiki Kaisha, Docket No. BER-L-6325-18, holding that a class action asserting federal antitrust claims did not toll state antitrust claims, explaining: MBUSA argues that the filing of federal Clayton Act claims... Read more »

Posted: June 3, 2019

Jurisdictional Limitations Continue to Trouble SSA Antitrust Plaintiffs

When we last checked in on In re SSA Bonds Antitrust Litigation, 16-cv-3711 (SDNY), we focused on Judge Ramos’ granting the Defendants’ motion to dismiss Plaintiffs’ Consolidated Amended Complaint for failure to state a claim because Plaintiffs failed to allege injury-in-fact sufficient to establish antitrust standing. Now, Plaintiffs have re-pled their claims and several Defendants... Read more »

Posted: October 6, 2016

Antitrust Violation Defense to Contract Claim Only if Contract Memorializes the Violation

On September 20, 2016, Justice Oing of the New York County Commercial Division issued a decision in Time Warner Cable Enterprises LLC v. Universal Communications Network, Inc., 2016 NY Slip Op. 31756(U), holding that an antitrust violation is a defense to a breach of contract claim only if the contract memorializes the violation, explaining: The... Read more »

Posted: April 10, 2015

Court Declines to Dismiss Donnelly Act Claims

On March 31, 2015, Justice Friedman of the New York County Commercial Division issued a decision in Williams v. Barclays Capital, Inc., 2015 NY Slip Op. 30466(U), refusing to dismiss a Donnelly Act claim. In Williams, the plaintiff alleged that the defendant “engaged in a conspiracy with investment banks and others not to” use the... Read more »

Posted: May 19, 2014

Judge Garaufis Denies Defendants’ Summary Judgment Motion In Government’s Antitrust Case Against American Express Based On Government’s Theories Concerning The Significance Of Undisputed Facts

In a May 7, 2014 order in United States v. American Express Co, No. 10-CV-4496 (NGG) (RER), Judge Nicholas G. Garaufis denied summary judgment to defendant American Express in the government’s antitrust action against Amex arising out of the company’s “anti-steering” rules. These rules impose certain restrictions on merchants that accept American Express cards, which,... Read more »