News & Analysis as of

Motion to Dismiss Price-Fixing

A&O Shearman

Federal Judge Tosses Hotel Price-Fixing Lawsuit Over Insufficient Evidence Of Collusion Through Revenue Software

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On July 18, 2025, Judge Jeffrey S. White of the United States District Court for the Northern District of California granted a motion to dismiss filed by hotel operators and a software provider in a high-profile antitrust...more

Sheppard Mullin Richter & Hampton LLP

Cement and Concrete Admixture Price Fixing Conspiracy Allegations Not Strong Enough to Survive Motion to Dismiss

Judge Lewis Liman in the Southern District of New York recently dismissed antitrust complaints brought by direct and indirect purchasers against six major suppliers of concrete admixtures, cement additives, admixtures for...more

Davies Ward Phillips & Vineberg LLP

Class Action Grounded: Court Finds Insufficient Factual Basis for Airline Capacity Constraint Suit

The Ontario Superior Court recently refused to certify a class action against four international airlines. The plaintiff alleged that the airlines conspired to constrain capacity for transborder travel between the United...more

Mintz - Antitrust Viewpoints

DOJ Reaffirms Stance on Algorithmic Price Fixing, While Federal Judge Dismisses Price Fixing Complaint Against Software Company —...

On March 27, the Department of Justice Antitrust Division submitted a Statement of Interest (SOI) in a pricing algorithm case, in which it continues to argue that the use of third-party algorithmic price devices may...more

A&O Shearman

California District Court Grants Software Company’s Motion To Dismiss In Algorithmic Price Fixing Case

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On March 21, 2025, Judge Jeffrey S. White of the United States District Court for the Northern District of California granted defendant software company’s motion to dismiss plaintiffs’ claims of price-fixing under the Sherman...more

Hogan Lovells

Federal judge in Washington applies per se treatment for algorithmic price-fixing claims

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In an update to our prior report on the evolving antitrust landscape for algorithmic pricing, a federal judge in Washington recently denied a motion to dismiss claims that a group of multifamily rental property managers...more

A&O Shearman

Washington District Court Denies Motion To Dismiss In Algorithmic Rent Price-Fixing Case

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On December 4, 2024, the United States District Court for the Western District of Washington denied defendants’ joint motion to dismiss plaintiffs’ class action price-fixing claims under Section 1 of the Sherman Act, allowing...more

Holland & Knight LLP

Latest Collusion-by-Algorithm Ruling Offers More of Same, but a Significant New Twist

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Starting in October 2022, companies that use software to assist in setting prices for their products have faced an avalanche of litigation claiming that the common use by competitors of the same pricing software inflates...more

A&O Shearman

Utah District Court Grants Mattress Businesses’ Motion To Dismiss In Antitrust Case Alleging Conspiracy In And Monopolization Of...

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On October 16, 2024, Judge David Barlow of the United States District Court for the District of Utah granted defendants’ motion to dismiss plaintiff’s claims that nine defendants (specifically, sellers, distributors, and...more

Troutman Pepper Locke

Attorneys Collect $23.3M Payday in EDVA Antitrust Settlement

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On October 18, Judge Rebecca Beach Smith of the Eastern District of Virginia approved a $70 million settlement in an antitrust case, with more than $23.3 million awarded to the plaintiffs’ attorneys. This case helpfully...more

The Volkov Law Group

District Court Upholds Criminal Antitrust Charges for Labor Price-Fixing

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The Antitrust Division won a preliminary skirmish against two co-defendants who challenged the criminal indictment against them charging price-fixing in the labor market. District Court Judge Mazzant, in the Eastern District...more

Wilson Sonsini Goodrich & Rosati

Ninth Circuit Limits Ability of Indirect Purchaser Classes to Bring Nationwide Suits

The Ninth Circuit has held that a putative class of nationwide consumers that brought damages claims under California law was erroneously certified. Until now, class actions asserting claims for plaintiffs across the country...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2019 – 2020

A review of key legal developments for nonprofit organizations at the federal and state levels in 2019 and 2020. Antitrust enforcement continues against nonprofits. Nonprofits have litigated in other areas, including...more

ArentFox Schiff

Municipal VRDO Class Action Survives Banks’ Request for Dismissal

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Financial institutions should work with outside counsel to ensure that their internal policies and external actions minimize conduct that may violate state and Federal laws and regulations, and incentivize employees to reward...more

Bilzin Sumberg

Federal Court Denies Motions to Dismiss Turkey Price-Fixing Case

Bilzin Sumberg on

On Monday, Northern District of Illinois Judge Virginia M. Kendall denied three motions to dismiss a putative class action alleging that the nation’s leading turkey suppliers—including Butterball, Cargill, House of Raeford,...more

Morris James LLP

LLC May Not Reverse Decision to Enter into Contractual Call Option Buyout Process with Members

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Walsh v. White House Post Productions, LLC, C.A. No. 2019-0419-KSJM (Del. Ch. Mar. 25, 2020). Parties to LLC agreements often provide for buyout provisions upon specified events, such as when a member ceases to be an...more

Dorsey & Whitney LLP

Syncing Workout Music with Licensing Requirements

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2019 brought many changes for fitness companies compiling the perfect playlist for group workout classes, especially for at-home virtual classes. Peloton’s most popular product is an indoor bicycle with live streaming and...more

Bilzin Sumberg

Pork Price-Fixing Complaint Dismissed: Class Plaintiffs Will Amend

Bilzin Sumberg on

Chief Judge Tunheim recently dismissed, with leave to amend, the class complaints in In Re Pork Antitrust Litigation.  The Pork case— filed in the District of Minnesota against Tyson, Hormel, JBS and other major pork...more

A&O Shearman

District Of New Jersey Allows Class Action Based On Alleged Price-Fixing To Proceed Against Pharmaceutical Company

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On August 6, 2019, Judge Katherine S. Hayden of the United States District Court for the District of New Jersey denied a motion to dismiss a putative securities class action asserting claims under Sections 10(b) and 14(a) of...more

McDermott Will & Schulte

Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws

Last week, in Connecticut Fine Wine and Spirits LLC v. Seagull, the US Court of Appeals for the Second Circuit affirmed a lower court’s motion to dismiss a lawsuit from Total Wine & More challenging parts of Connecticut’s...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on Antitrust Allegations in Gold Price-Fixing Conspiracy Case

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which plaintiffs alleged that UBS AG took part in a global gold price-fixing conspiracy. The court earlier granted UBS' motion to dismiss the...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

Patterson Belknap Webb & Tyler LLP

Southwest Airlines Will Cooperate in Class Action Against American, Delta & United

A federal judge has granted preliminary approval of Southwest Airlines Co.’s settlement with a class of plaintiffs alleging antitrust violations against Southwest, American Airlines, Inc., Delta Air Lines, Inc., and United...more

Patterson Belknap Webb & Tyler LLP

Indirect Purchasers Cannot Sue Qualcomm Under Federal Law, But State Law Claims Survive

A federal judge in California has refused to allow indirect purchasers of semiconductor chips—i.e., cell phone consumers—to bring claims against Qualcomm under federal antitrust law....more

Patterson Belknap Webb & Tyler LLP

Gold and Silver price fixing suits may be expensive for banks

The Southern District of New York recently denied motions to dismiss filed by several banks that allegedly conspired to manipulate the price of gold and silver. Only defendant UBS was successful in convincing the court that...more

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