The Litigation Counsellor®

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On January 11, 2018, U.S. District Judge James Donato granted preliminary approval of a $14 million settlement between Hitachi Chemical Co. and two putative classes of indirect purchasers. The deal seeks to resolve claims made by indirect buyers of electrolytic capacitors who alleged Hitachi and competitor tech companies conspired to fix the prices of this device.

On January 10, 2018, a class of direct buyers asked a Michigan judge to approve a $34 million settlement with Toyoda Gosei Co. over alleged price-fixing of safety systems found in certain automobiles. As part of a massive multidistrict litigation (“MDL”) that has already procured over $1 billion in fines, the proposed settlement would be the most recent deal to emerge from the sprawling lawsuit.

Bid to Dismiss Keurig Single-Serve Antitrust MDL Denied

Elizabeth DiNardo, Esq. | Associate Counsel

On November 29, 2017, U.S. District Judge Vernon S. Broderick rejected defendant Keurig Green Mountain’s request to dismiss claims in the single-serve coffee antitrust multidistrict litigation (“MDL”).

The MDL was created in June 2014 in the Southern District of New York. Plaintiffs in the MDL are direct purchasers who similarly allege that Keurig and its parent company, Green Mountain Coffee Roasters Inc., have gained, and maintained, a foothold in the single-serve coffee pod market through anticompetitive means.

A $2.28 million settlement has been reached in the class action suit against German auto parts manufacturer, Kiekert AG. The proposed class action was originally filed in Michigan federal court in May 2017. Plaintiffs in the suit claimed that Kiekert conspired to unlawfully fix the prices of vehicle door latches by artificially raising bids for, and allocating the supply of, side door latches and latch mini modules. The latches were then sold by Kiekert at an ultracompetitive price to auto manufacturers in the U.S.

J&J Accused of Conspiring to Form Remicade Monopoly

Elizabeth DiNardo, Esq. | Associate Counsel

On October 27, 2017, proposed class claims were filed against pharmaceutical giant Johnson & Johnson (“J&J”) by grocery union benefits fund United Foods and Commercial Workers Local 1500 Welfare Fund (“UFCW”) who accuse J&J of using its considerable resources and influence to protect the monopoly of its best selling drug, Remicade.

On January 27, 2017, the ongoing five-year suit between pharmaceutical juggernaut Sanofi Pasteur Inc. and a class of American doctors was finally drawn to a tentative close with both parties agreeing to a $61.5 million settlement. The suit, which was originally filed by a group of American doctors in December 2011, alleged that the pharmaceutical manufacturer violated antitrust laws in its contracts with health care providers.

The National Milk Producers Federation has reached a tentative settlement agreement in an anti-trust class action filed against the group for allegedly conspiring to fix the price of milk across the country. Plaintiffs claim the defendant group, which is made up of Dairy Farmers of America Inc., Land O’Lakes Inc., Dairylea Cooperative Inc. and Agri-Mark Inc., slaughtered cows prematurely to limit the production of milk, which, in turn, caused an increase in the price of milk and other fresh milk products.

On June 21, 2016, Amazon.com users who purchased certain e-books between April 1, 2010 and May 21, 2012 received credits from the website as a result of a final resolution to a four-year long price-fixing class action with Apple. According to the U.S. Justice Department, in 2010, Apple, Inc. and five major publishing houses conspired to inflate the price of e-books.

StubHub Sues NBA Team for Stifling Competition in Ticket Resale Marketplace

Robert Carbone, Esq. | Deputy General Counsel, Attorney Relations

StubHub, the burgeoning online ticket exchange for sports and entertainment, is suing the Golden State Warriors and Ticketmaster for antitrust violations in the Northern District of California. StubHub alleges that the Warriors and Ticketmaster have unlawfully colluded to restrain competition by telling season ticket holders that they can only resell their tickets through Ticketmaster.

 

Standard & Poor Settles Suit Over Inflated Ratings for $1.375 Billion

Robert Carbone, Esq. | Deputy General Counsel, Attorney Relations

Having been in business for over 150 years and with 26 offices worldwide, Standard & Poor’s Rating Services touts that it provides “high-quality market intelligence in the form of credit ratings, research, and thought leadership.” Nevertheless, the company, a unit of McGraw Hill Financial Inc., became the adversary in a legal battle with the U.S. Department of Justice and 19 states and the District of Columbia, which resulted in a settlement of $1.375 billion.

 

On Thursday, February 19, 2015, LinkedIn unveiled its newly enhanced platform of business-to-business lead generation products. The launch follows the $175 million acquisition of Bizo, a company devoted to helping advertisers reach businesses and professionals, in August 2014. LinkedIn utilized Bizo’s team and technology, as well as partnered with AppNexus, to bring to life what the company promises is a suite of products that will provide “a faster way to reach, nurture, and convert high-quality leads on and off LinkedIn.”

 

Judge Rules American Express Violated Antitrust Laws

Kelly Anthony, Esq. | Deputy General Counsel

United States District Court Judge, Hon. Nicholas G. Garaufis, on February 19, 2015, issued a 150-page decision concluding that Plaintiffs, the United States and the attorneys general of 17 states, proved by a preponderance of evidence that Defendants, American Express Company and American Express Travel Related Services Company, violated Section 1 of the Sherman Antitrust Act. In particular, the Court held that Non-Discrimination Provisions (“NDPs”)