Snow v. Align Technology — Antitrust Plaintiffs May Test Claimed Business Reasons for Refusal to Deal
Snow v. Align Technology: Antitrust Plaintiffs May Test Claimed Business Reasons for Refusal to Deal.
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Antitrust
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Arcell v. Google LLC — Consumers lacked standing to pursue Google default-search antitrust claims
Consumers challenging Google’s default-search agreements lacked standing because they could not show the agreements caused their injuries.
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VHS Liquidating Trust v. MultiPlan Corp. — Out-of-network reimbursements may support Cartwright Act price-fixing claims
California’s Cartwright Act can reach alleged coordination of out-of-network healthcare reimbursements through a shared pricing platform.
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In re Extended Stay Hotel Antitrust Litigation — Separate dismissal bid is denied in hotel algorithmic-pricing antitrust litigation
Separate dismissal bid is denied in hotel algorithmic-pricing antitrust litigation.
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Surgical Instrument Service v. Intuitive Surgical — Ninth Circuit Revives Robot Aftermarket Antitrust Claims
The Ninth Circuit reversed. The special factors apply when a plaintiff cannot show power in a competitive foremarket and instead claims that a seller later exploited customers locked into a brand. They were unnecessary here because evidence directly supported a conventional claim that dominant forem
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Unlockd Media v. Google — Startup’s Own Exclusion Does Not Establish Antitrust Injury
The Ninth Circuit held that a startup’s exclusion from Google platforms did not establish antitrust injury without facts showing harm to market-wide competition.
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Tevra Brands v. Bayer Healthcare — N.D. Cal. partially restores $1M+ in e-discovery costs to prevailing antitrust defendant
Judge Freeman grants in part and denies in part Bayer Healthcare’s motion for review of the Clerk’s taxation of costs in this private antitrust suit, restoring portions of the $1.2 million bill of costs Bayer originally sought as the prevailing party.
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International Swimming League v. World Aquatics — N.D. Cal. denies remote-testimony request and refuses to bar lawsuit-as-superseding-cause evidence at trial
Magistrate Judge Corley denies the International Swimming League’s eve-of-trial requests to allow its founder Konstantin Grigorishin to testify remotely from Switzerland and to bar World Aquatics from arguing that the lawsuit itself was a superseding cause of ISL’s damages, in this long-running anti
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Ray v. NCAA — E.D. Cal. Preliminarily Approves $303 Million Antitrust Settlement for Volunteer College Coaches
Eastern District of California preliminarily approves a $303 million class action settlement between the National Collegiate Athletic Association and roughly 7,718 former ‘volunteer coaches’ who alleged the NCAA’s no-pay bylaw was an antitrust violation; the recovery exceeds 100% o