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 »
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Posts Categorized: Antitrust
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 »
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 »
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 »
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 »
Client Q&A: Two of my competitors seem to have decided to work together to force me out of the market. Can they do that?
Two of my competitors seem to have decided to work together to force me out of the market. Can they do that? By Erik S. Groothuis. The short answer is that two or more competitors cannot coordinate to force a third out of the market. If you suspect that has happened, you may have an... Read more »
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 »
Fourth Department Analyzes Standard for Donnelly Act Claim
On February 13, 2015, the Fourth Department issued a decision in Radon Corp. of America, Inc. v. National Radon Safety Board, 2015 NY Slip Op. 01365, discussing the standard for a Donnelly Act claim. In Radon Corp. of America, the Fourth Department reversed a trial court’s grant of summary judgment to a defendant on a... Read more »
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 »