News & Analysis as of

Antitrust Violations Putative Class Actions

Holland & Knight LLP

It's Not a Bag, It's a Birkin: Class Action Targets Hermès with Antitrust, Unfair Trade Claims

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The "Birkin" name is well known around the world – it is synonymous with exclusivity and high-end luxury. From storylines in "Sex and the City" and "Gilmore Girls" to mentions in lyrics from the likes of Jay-Z and Beyoncé,...more

Ankura

The Sea of Tuna Decisions: Key Takeaways for Regression Analysis at Class Certification

Ankura on

On November 14, 2022, the U.S. Supreme Court declined StarKist Company’s petition to review the Court of Appeals for the Ninth Circuit’s en banc opinion upholding certification of three subclasses of tuna purchasers in Olean...more

Kilpatrick

Class Action | Eleventh Circuit Reinstates No Hire Antitrust Claims Against Burger King

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Partner Jay Bogan recently discussed the Eleventh Circuit Reinstating No Hire Antitrust Claims Against Burger King....more

Jenner & Block

In Divided En Banc Ruling, Ninth Circuit Holds That the Potential Presence of Uninjured Class Members Does Not Defeat Class...

Jenner & Block on

In April 2021, the Ninth Circuit issued its panel opinion in Wholesale Grocery Cooperative v. Bumble Bee Foods LLC, which held that the district court erred in certifying several classes of tuna purchasers in an antitrust...more

Proskauer - Minding Your Business

Price Gouging Litigation Continues Apace

As price gouging restrictions remain in place in many states and municipalities, new and ongoing enforcement actions continue to advance or settle. Over the past several weeks, we have seen a number of noteworthy developments...more

Proskauer - Minding Your Business

Online Marketplaces Could Expose Third-Party Sellers to Price Gouging Liability

On July 2, 2021, a group of consumers filed a putative class action in Washington District Court alleging Amazon engaged in unlawful price gouging during the COVID-19 pandemic on a variety of products. The case is noteworthy...more

Bilzin Sumberg

Federal Court Denies Motions to Dismiss Turkey Price-Fixing Case

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On Monday, Northern District of Illinois Judge Virginia M. Kendall denied three motions to dismiss a putative class action alleging that the nation’s leading turkey suppliers—including Butterball, Cargill, House of Raeford,...more

Holland & Knight LLP

Food and Beverage Law Update: October 2020

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More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19....more

King & Spalding

U.S. District Court Denies Class Certification Motion in Aluminum Rate-Manipulation Case Based on Improper Use of Statistical...

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On July 23, 2020, Judge Paul A. Englemayer of the U.S. District Court for the Southern District of New York denied a motion to certify a proposed class of direct purchasers of aluminum in a decision that may signal a trend...more

Kramer Levin Naftalis & Frankel LLP

Antitrust Litigation Opportunity for Funds

Funds — through their portfolio companies — may have a significant antitrust opportunity against the major U.S. railroad companies. ...more

Bilzin Sumberg

Big Food Price-Fixing Update: Court Certifies Three Putative Classes in Packaged Seafood Litigation

Bilzin Sumberg on

What started out as a proposed merger between two of the largest packaged seafood manufacturers spawned a lengthy criminal investigation into antitrust violations in the tuna industry by the Department of Justice (DOJ) and...more

Mintz

Antitrust Claims Against Sutter Health Move Forward in Consolidated State Actions

Mintz on

On March 14, 2019, a California state court denied Sutter Health’s motion for summary judgment on claims of alleged price tampering and combination to monopolize under California’s Cartwright Act, the state’s principal...more

Goodwin

Abbvie and Adalimumab Biosimilar Manufacturers Face Class-Action Lawsuit Alleging Antitrust Violations Related to Patent...

Goodwin on

On March 18, 2019, UFCW Local 1500 Welfare Fund, a New-York based grocery union, filed a putative class-action lawsuit against AbbVie and seven adalimumab biosimilar manufacturers alleging misconduct and antitrust violations...more

Searcy Denney Scarola Barnhart & Shipley

United States Judicial Panel on Multidistrict Litigation – January 2019 Hearing Session Preview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation (“JPML”) is scheduled for January 31, 2019 in Miami, Florida. Six matters are set for oral argument to consider motions to transfer each...more

Akerman LLP - Health Law Rx

Per se versus ‘Rule of Reason’ Standard: Judge in Blue Cross Antitrust MDL Proceeding Certifies His Decision For Interlocutory...

In a somewhat unexpected but highly significant move, United States District Judge David Procter (Northern District of Alabama), who is presiding over the In re Blue Cross Blue Shield Antitrust Litigation (Case No....more

Carlton Fields

Sorry, But Your Credit Card (Class Action) Has Been Declined

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The Eastern District of New York recently declined to certify a putative class action filed by merchants against the four major credit card providers alleging antitrust violations. ...more

Patterson Belknap Webb & Tyler LLP

Class Action Alleges Antitrust Conspiracy Among “Circle of Five” German Automakers

On July 28, 2017, a group of plaintiffs filed a putative class action in the Northern District of California against BMW, Volkswagen, Audi, Porsche, Daimler, and Mercedes-Benz, as well as auto-parts manufacturer Robert Bosch....more

Perkins Coie

New Lawsuits Challenge Qualcomm’s Allegedly Anticompetitive Patent Practices

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The Federal Trade Commission filed suit last week in federal court against Qualcomm, Inc., following its investigation launched in September 2014. The FTC alleges that the semiconductor manufacturer illegally maintained a...more

Carlton Fields

Third Circuit Applies Presumption of Timeliness to Pre-Certification Motion to Intervene as Class Representative

Carlton Fields on

This case concerned a federal antitrust class action involving a proposed class of Class 8 truck purchasers who alleged a conspiracy by several truck transmission suppliers and manufacturers to raise prices by eliminating...more

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