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In agricultural regulation, a "flawed rate" is not a "filed rate" for damage purposes

Sheppard Mullin Richter & Hampton LLP
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USA
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September 19 2012

Notwithstanding the general applicability of the Filed Rate Doctrine, the Ninth Circuit recently held that it does not necessarily bar producer class actions for overcharges

Summary judgment dooms attempted monopolization claim in small container trash hauling market

Sheppard Mullin Richter & Hampton LLP
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USA
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September 4 2012

In All Star Carts and Vehicles, Inc., et al. v. BFI Canada Income Fund, et al., Case No. 2:08-cv-01816-LDW-AKT, August 1, 2012, the District Court for Eastern District of New York recently granted defendants’ motion for summary judgment on the grounds that the plaintiffs failed to establish the element of “dangerous probability” for an antitrust claim for attempted monopolization under Section 2 of the Sherman Act

Kansas Supreme Court declares "rule of reason" inapplicable to Kansas antitrust law; legislature may have a different idea

Sheppard Mullin Richter & Hampton LLP
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USA
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May 23 2012

In Leegin Creative Leather Prods., Inc. v. PSKS, Inc., 551 U.S. 877 (2007), the U.S. Supreme Court expressly overruled the categorical ban on vertical price fixing agreements that had existed for nearly a century prior

"Planogram" and "category captain" marketing programs held non-exclusionary

Sheppard Mullin Richter & Hampton LLP
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USA
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May 10 2012

Rival condom manufacturer's antitrust claims dismissed

Allegations of conspiracy to limit crop production: ripe for analysis under Capper-Volstead

Sheppard Mullin Richter & Hampton LLP
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USA
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December 28 2011

On December 2, 2011, the district court denied a motion to dismiss antitrust conspiracy claims against potato grower cooperatives in several states

Allegations of conspiracy to fix prices in Ohio rock salt duopoly flunk "plausibility" analysis

Sheppard Mullin Richter & Hampton LLP
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USA
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November 4 2011

Creation of duopolistic interdependence by misapplication of a state statute mandating preferential treatment for local producers is an implausible "slippery slope."

ANDA automatic stay of FDA approval does not defeat standing in sham litigation antitrust counterclaim

Sheppard Mullin Richter & Hampton LLP
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USA
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September 20 2011

The District of Delaware recently denied a motion to dismiss an antitrust counterclaim in a patent infringement action in the wake of defendant Mylan, Inc. ("Mylan") having filed an Abbreviated New Drug Application ("ANDA") with the Federal Drug Administration ("FDA"

Antitrust counterclaim in patent infringement action lacks plausible allegations of competitive injury

Sheppard Mullin Richter & Hampton LLP
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USA
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August 22 2011

Plaintiff SPX Corporation ("SPX") brought a patent infringement action against Master Cool U.S.A. ("Master Cool"

Aftermarket monopolization claims dismissed as afterthought

Sheppard Mullin Richter & Hampton LLP
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USA
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July 11 2011

Plaintiff Océ North America, Inc. ("Océ") brought an action against a service market supplier for copyright infringement

In secret rebate case, if it walks like a duck, allegations that it will also quack are plausible

Sheppard Mullin Richter & Hampton LLP
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USA
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June 16 2011

On May 24, 2011, United States District Court, Central District of California, denied a motion to dismiss allegations of a "price squeeze" implemented through the granting of secret rebates to the plaintiff's customers, finding that the complaint stated a plausible claim under California Business and Professions Code section 17045

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