Class Actions

On April 11, 2018, the European Commission published a proposed new EU law as part of a package of consumer protection measures. The proposed new law would introduce the first Europe-wide consumer…

How difficult is it to get an antitrust conspiracy case to a jury when there is no direct evidence of the alleged conspiracy? An August 3 decision of the federal district court in Chicago in a long…

After the first Monday in October, there were few petitions involving antitrust and trade regulation disputes pending on the U.S. Supreme Court's docket. However, within just one month, the Court has…

UPDATE: On June 15, the Court denied review in Hsiung v. U.S., Dkt. 14-1121,  and Motorola Mobility LLC v. AU Optronics Corp., Dkt. 14-1122. Apparently, Dow Chemical Co. v. Industrial Polymers, Inc.,…

Although the parties reached a $7.25 billion class action settlement of the antitrust suit brought by merchants against Visa and MasterCard over swipe fees, the case is far from over. The protracted…

Reverse payments settlements between patent holders and would-be generic competitors in the pharmaceutical industry should be reviewed under a "quick look" rule of reason analysis based on the…

Some U.S. Supreme Court watchers may have been disappointed that the Court on the last day of the October 2011 term--according to the Court’s calendar--did not decide the fate of President Obama’s…

The authors are, respectively, partner and associate, at the firm of Labaton Sucharow LLP, New York City.  Mr. Himes, who also co-chairs the firm’s Antitrust Practice Group, is the former Antitrust…

Something striking occurred in the Seventh Circuit this year. In two different, massive antitrust class actions, in the space of about nine months, panels of that court applied the Twombly-Iqbal…