Work Area: Private Antitrust Litigation

German automakers say conspiracy claims are legally deficient

German carmakers have again asked a Northern California federal judge to reject direct and indirect purchasers’ allegations that they illegally conspired to restrict competition, saying “there is no plausible way” to plead what the plaintiffs need to plead.

13 August 2020

Eleventh Circuit rejects Georgia Board of Dentistry’s appeal

A federal appellate court in Atlanta has ruled that members of the Georgia Board of Dentistry are not entitled to state-action immunity, concluding that a lower court properly denied their motion to dismiss SmileDirectClub’s claims that they violated antitrust laws.

12 August 2020

Preliminary injunction issued against Uber and Lyft

A California state court has issued a preliminary injunction prohibiting Uber and Lyft from classifying their drivers as independent contractors rather than employees, following complaints that the policy provided them with an unlawful competitive advantage.

11 August 2020

UK court orders first use of concurrent evidence in cartel damages trial

The UK’s Competition Appeal Tribunal has ordered economic experts to participate in evidentiary “hot tubs” when National Grid’s cartel damages claim against four power cable manufacturers reaches trial this winter.

30 July 2020

National Grid pushes for economic hot tubs in damages claim

Using evidentiary “hot tubs” to test economic expert opinion would help “achieve justice” in National Grid’s follow-on damages claim against four power cable manufacturers, counsel to the electricity company has told the UK’s specialist competition tribunal.

29 July 2020

Ninth Circuit judge questions generic drugmakers on imminent harm

Judge Andrew Hurwitz of the US Court of Appeals for the Ninth Circuit has asked generic drugmakers why they need to block a California law restricting pay-for-delay settlements if they do not plan to enter into such agreements.

17 July 2020

SCOTUS will hear direct challenge to FTC disgorgement authority

The Supreme Court has agreed to hear two cases on whether the Federal Trade Commission can seek monetary relief for violations of the FTC Act.

14 July 2020

Generic pharma plaintiffs say states’ Teva case should be among first tried

Drug purchasers suing generic pharmaceutical companies for an alleged antitrust conspiracy have told a federal judge that the case brought by a large group of state attorneys general centred on Teva Pharmaceuticals should be among the first to go to trial.

10 July 2020

DOJ: Active supervision test does not intrude on state sovereignty

The Department of Justice has argued that antitrust enforcement against members of Alabama’s dental board does not impose on the state’s sovereignty.

09 July 2020

Third Circuit upholds egg producers’ trial win

A federal appellate court has affirmed a judge’s treatment of allegations that egg producer Rose Acre Farms conspired with other producers to fix prices.

23 June 2020

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