California Lawyers Association

Antitrust in the News

Antitrust-related case updates and articles

Thank you for reading this month’s edition of E-briefs, News and Notes by the Antitrust and Unfair Competition Law Section of the California Lawyers Association. You will notice that we have added “News and Notes” to the title and included several new features. We hope the new information is helpful. We welcome any feedback on how to make the publication more useful. Read more
This edition of the Antitrust and Unfair Competition Law Section of the California Lawyers Association’s E-Briefs includes a recap of the 30th Annual Golden State Institute which was held as a virtual conference on October 27-29, 2020. The program co-chairs were Elizabeth Castillo, (Cotchett, Pitre & McCarthy) and Rob McNary, (Crowell & Moring). The program had 6 panels and two networking sessions and was attended by over 300 attorneys, law students and economists. Read more
Ready, Set, Action. The latest episode of the Flagship antitrust saga has been released this month! A three-judge panel of the California Court of Appeal, Second District in Los Angeles, reversed the $3.5 million judgment awarded to Flagship Theatres of Palm Desert, LLC (Flagship) against Cinemark USA, Inc. and its subsidiary Century Theatres, Inc. (collectively, Century). (Flagship Theatres of Palm Desert LLC v. Century Theatres Inc. et al. (2020), case B292609 and B299014 (Flagship)) Read more
When selecting lead class counsel in complex class action cases, Rule 23(g)(1)(A) of the Fed Rules of Civ. P. states that the court must consider, among other factors, “counsel’s experience in handling class actions,” “knowledge of applicable law” and ”the resources that counsel will commit to representing the class.” Read more
On July 30, 2020, Magistrate Judge Laurel Beeler of the Northern District of California certified a class of indirect purchasers seeking damages for Sutter Health’s alleged violations of the Sherman Antitrust Act, the Cartwright Act, and the California Unfair Competition Law. Sidibe v. Sutter Health, No. 12-cv-04854-LB, 2020 WL 4368221 (N.D. Cal. Jul. 30, 2020) (“Sidibe II”). Read more
The recent decision out of the Northern District of California in Epic Games, Inc. v. Apple Inc., Case No. 20-cv-5640, 2020 U.S. Dist. LEXIS 154321 (N.D. Cal. Aug. 24, 2020), sheds light on the standard for granting preliminary injunctive relief in antitrust cases. In an August 24, 2020 order, Judge Yvonne Gonzalez Rogers granted in part and denied in part Epic Games, Inc.’s (“Epic”) motion for a temporary restraining order against Apple Inc. (“Apple”). Read more
As many anticipated, the Ninth Circuit reversed Judge Koh’s ruling that Qualcomm, Inc. had an antitrust duty to deal with its rival chip makers. The panel criticized Judge Koh for focusing on harm to downstream original equipment manufacturer (OEM) customers rather than on actual anticompetitive effects in the purportedly restrained chip market and rejected Judge Koh’s reliance on the smallest saleable unit test underlying her conclusion that Qualcomm’s royalty rates were unreasonably high. Read more
This Supreme Court of California case addressed the legal standards that applied when Biogen, Inc. (Biogen) settled a patent dispute with Ixchel related to the use of a compound (DMF) dimethyl fumerate that required Ixchel to terminate an at-will contract it had with Forward Pharma (Forward) under which Ixchel Pharma (Ixchel) and Forward were working together to develop a drug using DMF. Read more
In a Pretrial Order No. 105 (“PTO”) district court Judge Cynthia M. Rufe, ordered that the defendant companies produce responsive documents from agreed upon custodian with agreed upon search terms without regard for the relevance or responsiveness of the document. Read more
Back in the last days before stay-at-home orders—when news of the novel coronavirus had not been so consuming—the United States Court of Appeals for the Seventh Circuit issued its decision in Marion Healthcare, LLC v. Becton Dickinson & Co., 952 F.3d 832 (7th Cir. 2020). Read more

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