Tag Archives: Antitrust injury

Hospital Seeks Second Opinion on Certifying Class with Uninjured Members

By Danyll Foix on June 13, 2017 Posted in Class Action Litigation

Ten years into litigation, a hospital has moved to decertify a class of plaintiffs who claim the hospital’s merger caused them to overpay for medical services. Arguing there is insufficient proof that class members were harmed, the hospital’s motion invites the court to jump into the fray about whether classes may be certified when they … Continue Reading

Second Circuit Resurrects LIBOR Antitrust Case Against Bank Defendants, But Reprieve May Be Short-Lived

By Terry Sullivan on June 1, 2016 Posted in Antitrust Litigation, Class Action Litigation

On May 23, 2016, the Second Circuit breathed new life into the class action case against 16 banks belonging to the British Bankers’ Association (the Banks), vacating the Southern District of New York’s dismissal of the case for lack of antitrust injury and remanding the case on the portion of antitrust standing that requires the … Continue Reading

Oregon Federal Court Weighs In on Disputed Umbrella Theory of Damages

By Danyll Foix on March 31, 2015 Posted in Antitrust Litigation

An Oregon federal court recently relied on the so-called umbrella theory of damages to decide that the plaintiffs had an antitrust injury necessary to pursue an injunction. While this decision has garnered attention for enjoining the defendants from completing an acquisition, it also is noteworthy for its reliance on the disputed umbrella theory of damages. … Continue Reading

Antitrust Treble Damages for Patent Infringement? Yes, According to Groundbreaking Decision

By Danyll Foix and Bill DeVinney on September 26, 2013 Posted in Patents, Sherman Act 2

The Eastern District of Texas recently held that patent infringement can constitute anticompetitive conduct for monopolization claims under Section 2 of the Sherman Act, in Retractable Technologies Inc. v. Becton Dickinson & Co., No 2:08-cv-00016 (E.D. Tex.). After an eight-day trial, the jury for Retractable Technologies found that Becton Dickinson had attempted to monopolize the market for safety … Continue Reading

Update: Where (and What) is the Harm?

By Bill DeVinney on September 6, 2013 Posted in Antitrust Litigation, Sherman Act 1

Court denies antitrust plaintiffs’ request to amend complaint in LIBOR manipulation case We previously wrote about Judge Buchwald of the Southern District of New York dismissing plaintiffs’ antitrust claims arising from the LIBOR manipulation scandal. Recently, the Court denied plaintiffs’ request to cure the defects in its claims by filing a second amended complaint. In re LIBOR-Based … Continue Reading

LIBOR Going Forward: How Will Dismissal of Antitrust Claims Affect Investigations and Private Claims?

By Bill DeVinney on May 20, 2013 Posted in Antitrust Litigation, Government Investigations, Sherman Act 1

We recently wrote about the dismissal of the plaintiffs’ antitrust claims against banks involved in the LIBOR manipulation scandal for failure to allege an antitrust injury. Since that dismissal, the court has granted plaintiffs leave to move to amend their complaints, although the court openly questioned whether the plaintiffs’ proposed amendments cured the defects in … Continue Reading

Where (and What) Is the Harm?

By Bill DeVinney on May 2, 2013 Posted in Antitrust Litigation, Sherman Act 1

Antitrust claims in LIBOR manipulation cases dismissed for lack of antitrust injury. The recent LIBOR suppression scandal has given rise to numerous lawsuits, both individual and putative class actions based on several theories of recovery, that have been consolidated in the Southern District of New York. LIBOR is calculated by averaging certain British Banking Association … Continue Reading