California Lawyers Association

Antitrust in the News

Antitrust-related case updates and articles

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
In June 2018 the Antitrust Division, U.S. Department of Justice (DOJ) lost their challenge to the AT&T/Time Warner. The AT&T/Time Warner case was the first vertical merger case litigated by the Antitrust Division or Federal Trade Commission (FTC) in almost 40 years. This was a vertical merger as Time Warner was a leading holder of video content and AT&T was a significant distributor of the same. Read more
In a May 1, 2020 order, Chief Magistrate Judge Joseph Spero denied Uber’s motion to dismiss a monopolization complaint filed by Sidecar, a defunct ride-hailing company that claims it was driven out of business by Uber’s alleged anticompetitive practices in the ride-hailing market. The case is SC Innovations, Inc. v. Uber Technologies, Inc., No. 18-cv-07440-JCS, 2020 WL 2097611 (N.D. Cal., May 1, 2020). Read more
By enacting statutory provisions governing the distribution and sale of fine wines and spirits, Connecticut created a ferment among vintners operating in the state. The resulting distaste prompted one vintner, Connecticut Fine Wines and Spirits, d/b/a Total Wine & More (“Total Wine”), to file suit against the Connecticut Department of Consumer Protection and the Director of the Connecticut Division of Liquor Control (collectively, “Defendants”). Conn. Fine Wine & Spirits, LLC v. Seagull, 932 F.3d 22 (2d Cir. 2019). Read more
On September 3, 2019, Judge Jeffrey S. White of the Northern District of California granted in large part the motions to dismiss filed by Defendants Micron, Samsung, and Hynix in a putative class action brought by indirect purchasers of Dynamic Random Access Memory (“DRAM”). Jones v. Micron Tech. Inc., 400 F. Supp. 3d 897, 904 (N.D. Cal. 2019). Read more
A petition for review is before the Supreme Court filed by three California real estate investors who were convicted after trial under Section 1 of the Sherman Act for bid rigging at real estate foreclosure auctions. The defendants preserved their objection that the application of the per se rule was unconstitutional because it took an element of the offense [was the agreement in restraint of trade?] away from the jury once the court decided the per se rule applied. Read more
On July 5, 2019, Judge Thomas Hardiman, writing for a unanimous three-judge panel of the United States Court of Appeals for the Third Circuit (the “Panel”), affirmed the District Court of the Virgin Islands’ verdict dismissing all claims in Spartan Concrete Products, LLC v. Argos USVI, Corp., 929 F.3d 107 (3d Cir. 2019). The case involved a dispute over the sale of ready-made concrete in the U.S. Virgin Islands. Id. at 109. Read more
The case is about telescopes and the antitrust law. The Court’s earlier opinion denying defendants’ Motion to Dismiss was covered in a previous e-brief (here). In the above-captioned Order the Court ruled on a myriad of summary judgment motions filed by the plaintiff, Optronic Technologies (“Orion”), and the defendants, Ningbo Sunny Electronic Co. Ltd. and Sunny Optics, Inc. (“Sunny”). Read more
The California Consumers Privacy Act (CCPA) represents a quantum leap in US privacy, and the core of that change is the expansive concept of personal information. Read more

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