Dental Board Action Violates Antitrust Law 
By Deborah Elkins
Published: June 5, 2013
Tags: 4th U.S. Circuit Court of Appeals, Antitrust, Judge Dennis W. Shedd
A state agency that regulates the practice of dentistry cannot overturn a Federal Trade Commission decision that the agency’s efforts to shut down teeth-whitening services performed by non-dentists constituted unfair competition that violated federal antitrust law; the 4th Circuit rejects the state dentistry board’s petition for review of the FTC order. The eight-member North Carolina [...]
No Antitrust Claims for Service Station Owners
By Deborah Elkins
Published: September 17, 2012
Tags: Antitrust, Judge Claude M. Hilton, U.S. District Court - Eastern District
In this case from Alexandria U.S. District Court, defendant lessors of gasoline dealerships to plaintiff service stations win summary judgment on plaintiffs’ antitrust claims as well as their claims for 1) wrongful termination of dealership, 2) violation of the Virginia Petroleum Products Franchise Act through the establishment of “fee/commission agent operators” at stations within 1.5 [...]
Brokers Sued Over MLS Operation
By Deborah Elkins
Published: May 22, 2012
Tags: 4th U.S. Circuit Court of Appeals, Antitrust, Judge J. Harvie Wilkinson III
The 4th Circuit says plaintiff buyers of real estate brokerage services in South Carolina have stated an antitrust claim under the Sherman Act, 15 U.S.C. § 1, with allegations that defendant brokerages that serve as board members of the local multiple listing service conspired to unfairly restrain market competition. The two putative class actions allege [...]
DuPont Win in Monopolization Case
By Deborah Elkins
Published: April 17, 2012
Tags: Antitrust, Judge Robert E. Payne, U.S. District Court - Eastern District
In this lengthy litigation between DuPont and Kolon Industries over trade secrets and confidential information concerning para-aramid fiber, a Richmond U.S. District Court grants summary judgment to DuPont on Kolon’s antitrust claim alleging monopolization and attempted monopolization. The 4th Circuit decided Kolon adequately pleaded antitrust claims of monopolization and attempted monopolization and remanded the matter [...]
Foreign Bribery Suit States Virginia Claims
By Deborah Elkins
Published: September 14, 2011
Tags: Antitrust, Judge Henry E. Hudson, U.S. District Court - Eastern District
In this antitrust suit alleging defendants bribed foreign government officials to ensure the continuing sale in those countries of a fuel additive made by defendants, a Richmond U.S. District Court says plaintiff may also pursue Virginia state law antitrust and business conspiracy claims. Defendants first challenge count II, which alleges unlawful commercial bribery in violation [...]
Antitrust Claims Well-Pled, Dismissal Reversed
By Deborah Elkins
Published: March 16, 2011
Tags: 4th U.S. Circuit Court of Appeals, Antitrust, Judge James A. Wynn Jr.
Saying “this case is no Twombly,” the 4th Circuit reverses a district court’s dismissal of a company’s antitrust counterclaim against DuPont, which dominates the U.S. market for para-aramid fibers used in body armor, and rejects the district court view that the company did not adequately plead the relevant geographic market for the antitrust claim. Under [...]
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