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Gerlinger v. Amazon.com Inc.
In antitrust case, plaintiff lacks Article III standing because he did not show he suffered injury-in-fact.
Antitrust May 27, 2008
Delaware Valley Surgical Supply Inc. v. Johnson & Johnson
Plaintiff lacks standing to pursue antitrust claim because it is not 'direct purchaser' of defendant's products.
Antitrust May 1, 2008
Costco Wholesale Corp. v. Maleng
Central warehousing ban, erroneously found to be hybrid restraint, is not preempted by Section 1 of Sherman Act.
Antitrust Apr. 2, 2008
Kendall v. Visa U.S.A. Inc.
Plaintiffs failed to state claim under Section 1 of Sherman Act when they did not detail specific facts of alleged conspiracy.
Antitrust Mar. 10, 2008
Cascade Health Solutions v. PeaceHealth
Bundled discounts offered by hospital care provider are not exclusionary conduct under Section 2 of Sherman Act unless they are predatory.
Antitrust Feb. 4, 2008
Costco Wholesale Corp. v. Maleng
Central warehousing ban, erroneously found to be hybrid restraint, is not preempted by Section 1 of Sherman Act.
Antitrust Jan. 30, 2008
Wah Chang v. Duke Energy Trading Marketing LLC
Filed rate doctrine bars electricity purchaser's suit against energy companies whose market manipulation resulted in unfair tariffs set by FERC.
Antitrust Nov. 20, 2007
Sanders v. Brown
Plaintiff fails to allege that state statutes mandate conduct that in all cases violates federal antitrust law.
Antitrust Sep. 26, 2007
E. & J. Gallo Winery v. EnCana Corp.
Natural gas supplier's motion for summary judgment is properly denied where wine producer's claims are not necessarily barred by filed rate doctrine.
Antitrust Sep. 19, 2007
LinkLine Communications Inc. v. SBC California Inc.
Internet Service Provider, alleging supplier and competitor's pricing scheme creates anticompetitive price squeeze, states potentially valid claim under Sherman Antitrust Act.
Antitrust Sep. 11, 2007
Cascade Health Solutions v. PeaceHealth
Bundled discounts offered by hospital care provider are not exclusionary conduct under Section 2 of Sherman Act unless they are predatory.
Antitrust Sep. 5, 2007
Leegin Creative Leather Products Inc. v. PSKS Inc.
In antitrust case, rule of reason is found to be proper standard for testing vertical price restraints.
Antitrust Jun. 28, 2007
Belton v. Comcast Cable Holdings LLC.
Comcast offer of music services only as part of basic cable tier package is not unfair tying arrangement under Unruh Act.
Antitrust Jun. 11, 2007
Belton v. Comcast Cable Holdings LLC.
Comcast offer of music services only as part of basic cable tier package is not unfair tying arrangement under Unruh Act.
Antitrust Jun. 10, 2007
Lori Rubinstein Physical Therapy Inc. v. PTPN Inc.
With passage of Insurance Code Section 10133, Legislature has immunized certain conduct of health insurer and group of providers from antitrust liability.
Antitrust Mar. 23, 2007
Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co.
Because predatory-bidding and predatory-pricing involve unilateral pricing measures in order to achieve supracompetitive profits, similar legal standards apply to both.
Antitrust Mar. 14, 2007
Confederated Tribes of Siletz Indians of Oregon v. Weyerhauser Company
Predatory bidding can be shown without evidence that buyer operated at loss and dangerous probability of recouping losses existed.
Antitrust Mar. 7, 2007
Dagher v. Saudi Refining Inc.
Gas station owners may sue oil companies for fixing prices in violation of Sherman Act.
Antitrust Jun. 18, 2006
Texaco Inc. v. Dagher
Gasoline service station owners' antitrust claim cannot prevail where pricing decisions of legitimate joint venture are not per se unlawful.
Antitrust Mar. 23, 2006
Eddins v. Sumner Redstone
Unfair Practices Act applied to video rental retailers' claim that their distributors did not receive same terms as well-known retailer.
Antitrust Feb. 6, 2006
Volvo Trucks North America Inc. v. Reeder-Simco GMC Inc.
Dealer does not state claim for secondary price discrimination for specially ordered products where evidence of head-on-head transactions reveal no substantial competitive injury.
Antitrust Feb. 5, 2006
RLH Industries Inc. v. SBC Communications Inc.
Commerce Clause does not bar application of California antitrust law to out-of-state anticompetitive conduct that causes injury in California.
Antitrust Jan. 31, 2006
Volvo Trucks North America Inc. v. Reeder-Simco GMC Inc.
Dealer does not state claim for secondary price discrimination where evidence of head-on-head transactions reveals no substantial competitive injury.
Antitrust Jan. 12, 2006
People's Choice Wireless Inc. v. Verizon Wireless
Cell phone network did not participate in unfair competition when it imposed 'hold-back' period on independent dealers.
Antitrust Oct. 25, 2005
Freeman v. Lasky, Haas & Cohler
'Noerr-Pennington' immunity doctrine may apply to discovery misconduct in antitrust action.
Antitrust Aug. 23, 2005
Jack Russell Terrier Network of Northern California v. American Kennel Club Inc.
National breed club and regional affiliates are not capable of conspiring as separate entities within meaning of Sherman Act.
Antitrust Jul. 25, 2005
MetroNet Services Corporation v. Qwest Corporation
Court need not expand scope of antitrust law that would provide only minimal benefit to consumers.
Antitrust Jan. 18, 2005
Leonte v. ACS State and Local Solutions Inc.
Private company that operated automated traffic enforcement system did not violate unfair competition law.
Antitrust Jan. 10, 2005
United States v. LSL Biotechnologies
District court lacks jurisdiction over antitrust action against tomato-seed developer.
Antitrust Sep. 28, 2004
DVD Copy Control Assn. Inc. v. Bunner
Plaintiff cannot support inference that its program was trade secret when defendant posted it on internet.
Antitrust Jul. 26, 2004