Justia U.S. 2nd Circuit Court of Appeals Opinion Summaries

Time Warner filed suit alleging a violation of the Sherman Act, 15 U.S.C. 1 et seq., in the tying of certain premium cable television services to the leasing of ʺinteractiveʺ set‐top cable boxes. The district court dismissed two iterations of the complaint, including the Third Amended Complaint, the operative complaint for the purposes of this opinion. The court held that the Third Amended Complaint fails to adequately plead facts that, if proven, would establish that:  (i) the set‐top cable boxes and the premium programming they transmit are separate products for the purposes of antitrust law; and (ii) Time Warner possesses sufficient market power in the relevant markets to establish an illegal tie‐in. Accordingly, the court affirmed the judgment. View "In re Set-Top Cable Television Box Antitrust Litig." on Justia Law

Cortron appealed the district court's award of damages pursuant to a jury verdict of MacDermid on its claims for violations of federal and Connecticut antitrust laws, breach of contract, misappropriation of trade secrets, spoliation, and violations of Connecticut statutes prohibiting computer crimes and unfair trade practices. At issue are the requirements for proving an adverse effect on competition for purposes of section 1 of the Sherman Act, 15 U.S.C. 1, in cases where the plaintiff has not proved that the allegedly anticompetitive behavior led to higher prices, reduced output, or lower quality in the market. The court held that a plaintiff may not prevail under the “rule of reason” merely by proving that (1) the defendant exercised “market power,” and (2) the challenged behavior may have misled consumers to believe that certain products were no longer available, without showing that consumers actually experienced reduced access to those products. In this case, the court agreed with Cortron that the district court erred in denying Cortron judgment as a matter of law with respect to MacDermid’s antitrust claims because MacDermid failed to present evidence that Cortron’s conduct harmed competition. Accordingly, the court reversed as to this claim. The court otherwise affirmed the judgment and remanded for recalculation of damages. View "MacDermid Printing Sols. LLC v. Cortron Corp." on Justia Law

Appellants claim that some aluminum futures traders, having acquired some operators of aluminum warehouses, manipulated a price component for aluminum in the Detroit metro area. The district court dismissed the complaints and denied two groups of plaintiffs leave to amend, while permitting a third group to amend their complaint. The district court then concluded that appellants lacked antitrust standing because they did not demonstrate that they suffered antitrust injury or that they were efficient enforcers of the antitrust laws, and that they would be unable to show that they were efficient enforcers through repleading. The district court also determined that appellants failed to state a claim under various state consumer protection and unfair trade practices laws. The court held that appellants lack antitrust standing on the ground that they did not (and could not) suffer antitrust injury. The court also held that their state law claims were inadequately pleaded. Accordingly, the court affirmed the judgment. View "In re Aluminum Warehousing Antitrust Litig." on Justia Law

In an antitrust class action brought on behalf of approximately 12 million merchants against Visa and Mastercard, as well as other various banks, plaintiffs alleged conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C. 1. After the parties agreed to a settlement releasing all claims, the district court certified two settlement-only classes and approved the settlement. Numerous objectors and opt‐out plaintiffs appealed and argued that the class action was improperly certified and that the settlement was unreasonable and inadequate. The court concluded that class members of the (b)(2) class were inadequately represented in violation of both FRCP 23(a)(4) and the Due Process Clause. The court also concluded that procedural deficiencies produced substantive shortcomings in this class action and the settlement. Consequently, the court concluded that the class action was improperly certified and the settlement was unreasonable and inadequate. The court vacated the district court's certification of the class action and reversed the approval of the settlement. The court remanded for further proceedings. View "In re Payment Card Interchange Fee and Merchant Discount Antitrust" on Justia Law

Plaintiffs filed numerous antitrust suits alleging that the Banks colluded to depress LIBOR by violating the rate‐setting rules, and that the payout associated with the various financial instruments was thus below what it would have been if the rate had been unmolested. After consolidation into a multi-district litigation (MDL), the district court dismissed the litigation in its entirety based on failure to plead antitrust injury. The court vacated the judgment on the ground that: (1) horizontal price‐fixing constitutes a per se antitrust violation; (2) a plaintiff alleging a per se antitrust violation need not separately plead harm to competition; and (3) a consumer who pays a higher price on account of horizontal price‐fixing suffers antitrust injury. The court remanded for further proceedings on the question of antitrust standing. Finally, the court rejected the Bank's alternative argument that no conspiracy has been adequately alleged. View "In re: LIBOR-Based Financial Instruments Antitrust Litig." on Justia Law

Apotex filed suit alleging that Acorda filed a sham citizen petition with the FDA to hinder approval of Apotex's competing formulation of a drug for treating spasticity, in violation of Section 2 of the Sherman Act, 15 U.S.C. 2, and that Acorda violated the Lanham Act's, 15 U.S.C. 1125(a)(1), proscription on false advertising. The district court ruled that the simultaneous approval by the FDA of Apotex’s drug application and its denial of Acorda’s citizen petition was by itself insufficient to support a Sherman Act claim. The district court then granted summary judgment and dismissed all of Apotex’s false advertising claims on the grounds that (with the exception of one graph) no representation was literally false or likely to mislead consumers. In regard to the graph, Apotex failed to show that the false depiction would meaningfully impact consumers’ purchasing decisions. The court concluded that, although precedent supports an inference that a citizen petition is an anticompetitive weapon if it attacks a rival drug application and is denied the same day that the application is approved, that inference has been undercut by recent FDA guidance.  As to false advertising, the court agreed with the district court that no reasonable jury could have found that Acorda made literally false or misleading representations in its advertisements, with the exception of a single representation that Apotex has failed to show affected decisions to purchase. Accordingly, the court affirmed the judgment. View "Apotex Inc. v. Acorda Therapeutics, Inc." on Justia Law

Plaintiffs, seven entities who are collectively attempting to develop a casino-resort complex in the Catskills, filed suit under the Sherman Act, 15 U.S.C. 1, 2, alleging that defendants entered into an anti-competitive scheme to obstruct plaintiffs' resort development. At issue is whether plaintiffs have alleged a plausible relevant geographic market for their casino-related products and services. In this case, plaintiffs define the relevant market as the Racing/Gaming Market in the Catskills Region. The court held that plaintiffs’ pleadings fail to define a plausible relevant geographic or product market for antitrust purposes, and that the district court properly dismissed their Sherman Act claims. Accordingly, the court affirmed the judgment. View "Concord Assoc., L.P. v. Entertainment Properties Trust" on Justia Law

Plaintiffs, seven entities who are collectively attempting to develop a casino-resort complex in the Catskills, filed suit under the Sherman Act, 15 U.S.C. 1, 2, alleging that defendants entered into an anti-competitive scheme to obstruct plaintiffs' resort development. At issue is whether plaintiffs have alleged a plausible relevant geographic market for their casino-related products and services. In this case, plaintiffs define the relevant market as the Racing/Gaming Market in the Catskills Region. The court held that plaintiffs’ pleadings fail to define a plausible relevant geographic or product market for antitrust purposes, and that the district court properly dismissed their Sherman Act claims. Accordingly, the court affirmed the judgment. View "Concord Assoc., L.P. v. Entertainment Properties Trust" on Justia Law

Plaintiffs, a group of 28 retail pharmacies, filed suit against defendants, primarily pharmaceutical manufacturers, alleging claims for money damages and injunctive relief under subsections 2(a), 2(d), and 2(f) of the Robinson‐Patman Act, 15 U.S.C.13(a), 13(d), 13(f), and sections 4 and 16 of the Clayton Act, 15 U.S.C. 15, 26. Plaintiffs’ main contentions are that the lower prices offered by manufacturers violate the Robinson‐Patman Act by harming their ability to compete, and that favored purchasers violated the Act by using their drug formularies to extract the lower prices. Plaintiffs sought to prove that discounts caused them to lose customers to the favored purchasers, and that as a consequence they suffered injury under the antitrust laws. The district court concluded that plaintiffs could prove neither type of injury and granted defendants summary judgment. The court concluded that, given that an extended discovery process resulted in almost no evidence of diverted sales or other indicia of potential competitive injury, summary judgment was appropriate on the section 2(a) claims; plaintiffs failed to raise a genuine issue of material fact as to competitive injury and antitrust injury; injunctive relief is inappropriate where plaintiffs have offered no argument that future conditions will change in such a way as to make the injuries they claim to have suffered more pronounced than currently alleged; and since plaintiffs failed to show competitive or antitrust injury with regard to their section 2(a) claim, summary judgment is appropriate with respect to their claims under sections 2(d) and 2(f) as well. Accordingly, the court affirmed the judgment. View "Cash & Henderson Drugs v. Johnson & Johnson" on Justia Law

The Justice Department and 33 states and territories filed suit alleging that Apple, in launching the iBookstore, had conspired with the Publisher Defendants to raise prices across the nascent ebook market, in violation of section 1 of the Sherman Antitrust Act, 15 U.S.C. 1 et seq., and state antitrust laws. All five Publisher Defendants settled and signed consent decrees, which prohibited them, for a period, from restricting ebook retailers’ ability to set prices. The district court found that the agreement constituted a per se violation of the Sherman Act and, in the alternative, unreasonably restrained trade under the rule of reason. The district court issued an injunctive order that, inter alia, prevents Apple from entering into agreements with the Publisher Defendants that restrict its ability to set, alter, or reduce the price of ebooks, and requires Apple to apply the same terms and conditions to ebook applications sold on its devices as it does to other applications. The court concluded that the district court’s decision that Apple orchestrated a horizontal conspiracy among the Publisher Defendants to raise ebook prices is amply supported and well‐reasoned, and that the agreement unreasonably restrained trade in violation of section 1 of the Sherman Act. The court also concluded that the district court’s injunction is lawful and consistent with preventing future anticompetitive harms. The court rejected Macmillan and Simon & Schuster's argument that the portion of the injunction related to Apple’s pricing authority either unlawfully modifies their consent decrees or should be judicially estopped. Accordingly, the court affirmed the judgment. View "United States v. Apple, Inc." on Justia Law