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Antitrust – Civil Practice – Counterclaim Allegations – Geographic Market – Body Armor Fibers (access required)

By North Carolina Lawyers Weekly Staff
Published: March 21,2011

E.I. DuPont de Nemours & Co. v. Kolon Industries Inc. (Lawyers Weekly No. 11-01-0286, 29 pp.) (Wynn, J.) No. 10-1103, March 11, 2011; USDC at Richmond, Va. (Payne, J.) 4th Cir. Click here for the full text of the opinion. Holding: Saying “this case is no Twombly,” the 4th Circuit reverses a district court’s dismissal of [...]


Antitrust – Md. Liquor Control — Price- Fixing (access required)

By dmc-admin
Published: July 27,2009

TFWS Inc. v. Franchot. (Lawyers Weekly No. 09-01-0679, 19 pp.) (Duncan, J.) No. 07-2108, July 15, 2009; USDC at Baltimore. (Quarles, J.) 4th Cir. Holding: In this long-running antitrust suit challenging Maryland’s liquor and wine regulatory scheme, the 4th Circuit affirms the district court holding that the state’s regulatory scheme is preempted by the Sherman Act. This [...]


Antitrust – Civil Practice — Standing — Indirect Purchaser — Price Fixing — Component Product — Class Action — Tennessee Notice — Full Faith & Credit (access required)

By dmc-admin
Published: January 26,2009

Teague v. Bayer AG. (Lawyers Weekly No. 09-07-0064, 20 pp.) (Linda M. McGee, J.) Appealed from Buncombe County Superior Court. (Ben F. Tennille, J.) N.C. App. Holding: A consumer who bought products containing ethylene propylene diene monomor elastomers (EPDM) has standing to bring a class action alleging that defendants engaged in price fixing of EPDM. We reverse [...]


Antitrust – Limitations – Fraudulent Concealment – Inquiry Notice (access required)

By dmc-admin
Published: December 3,2007

GO Computer Inc. v. Microsoft Corp. (Lawyers Weekly No. 07-01-1367, 15 pp.) (Wilkinson, J.) No. 06-2278, Nov. 19, 2007; USDC at Baltimore, Md. (Motz, J.) 4th Cir. In this antitrust suit filed by GO Computer Inc., who alleged defendant Microsoft took a variety of anticompetitive actions to drive out of business GO’s PenPoint technology for a [...]


Antitrust – Antitrust Standing – Consumer & Competitor Rule – Tolling (access required)

By dmc-admin
Published: October 22,2007

Novell Inc. v. Microsoft Corp. (Lawyers Weekly No. 07-01-1218, 31 pp.) (Duncan, J.) No. 06-1134, Oct. 15, 2007; USDC at Baltimore, Md. (Motz, J.) 4th Cir. In these cross-appeals from interlocutory orders in an antitrust action against Microsoft by Novell Inc., the owner of WordPerfect and Quattro Pro, the 4th Circuit affirms the district court’s rejection [...]


Antitrust – Civil Conspiracy – Restraint of Trade – Environmental Services – Contract Prices – Collusion (access required)

By dmc-admin
Published: August 6,2007

State ex rel. Cooper v. McClure. (Lawyers Weekly No. 07-15-0924, 27 pp.) (Ben Tennille, J. – Order) N.C. Bus. Ct. Where the individual defendant was on the board of directors of an environmental services providers’ industry organization and allowed her name to be included on communications that encouraged the submission of inflated bids for a state [...]



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