In Katz v. Fidelity National Title Insurance Company (No. 10-3545), the Sixth Circuit held that title insurance companies are all but immune to private antitrust claims in Ohio. The plaintiff alleged that twenty-two title insurance companies and the Ohio Insurance Rating Bureau violated antitrust law by pooling claims data and setting a collective and unreasonably… Continue Reading
Tag Archives: Antitrust
Blue Cross Files Petition for Rehearing En Banc of Antitrust Immunity Appeal
Posted in UncategorizedWe recently reported on the Sixth Circuit’s decision to dismiss an antitrust appeal for lack of jurisdiction. The appeal had been taken by Blue Cross/Blue Shield of Michigan in connection with an antitrust suit brought by the State of Michigan which sought to enjoin Blue Cross from using most favored nation clauses in its contracts with… Continue Reading
Sixth Circuit Reverses Antitrust Dismissal
Posted in Recent CasesIn Carrier Corporation v. Outokumpu OYJ, Nos. 07-6052/6114 (Mar. 2, 2012)(Carrier.pdf), the Sixth Circuit reviewed the dismissal of antitrust claims which had been brought by purchasers of air-conditioning and refrigeration copper tubing. Much of the lawsuit revolved around two decisions issued by the Commission of the European Communities (the “EC”) in 2003 and 2004, which determined… Continue Reading
Real Estate Association Website Policies Found Anticompetitive Under FTC Act
Posted in Recent Cases, Supreme CourtIn an opinion examining website policies restricting access to certain types of real-estate brokerage information, the Sixth Circuit ruled that such policies were anticompetitive under Section 5 of the FTC Act. In Realcomp II, Ltd. v. FTC (6th Cir. 09-4596) [PDF], a unanimous panel affirmed a ruling of the Federal Trade Commission (“FTC”) and found… Continue Reading
Dairy Producers Petition for Interlocutory Review of Class Certification
Posted in Recent CasesOn September 23, a group of dairy petitioners filed a petition in the Sixth Circuit seeking interlocutory review of a class action certification in a significant antitrust case — In re Southeastern Milk Antitrust Litig.pdf (Case No. 10-0504) (PDF). The Sixth Circuit has no “hard-and-fast test” for determining whether to grant a Rule 23(f) petition… Continue Reading