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In a decision handed down on September 30th, the Ninth Circuit affirmed in part and reversed in part the District Court’s ruling that the NCAA’s “amateurism” rules unlawfully restrained trade in the market for certain educational and athletic opportunities offered by the NCAA member schools in violation of Section 1 of the Sherman Act. O’Bannon v. NCAA, Case No. 14-16601, 2015 WL 5712106 (9th Cir. Sep. 30 2015).  While affirming most of the District Court’s rulings, the Appeals Court reversed the portion of the District Court’s ruling that enjoined the NCAA from prohibiting its member schools from offering deferred cash payments to student-athletes.
Continue Reading Ninth Circuit Holds That NCAA’s Amateurism Rules Violate Section 1 of the Sherman Act

In an April 29, 2011 opinion, the District Court for the Northern District of California granted defendant Netflix’s summary judgment motion against a putative class of plaintiffs comprising of individuals who subscribed to Blockbuster, Inc.’s online DVD rental services. See Order Granting Motion for Summary Judgment, No. M-09-2029 PJH, Dkt. No. 376 ("Order").
 Continue Reading Court Throws Out Antitrust Claims Against Netflix

On May 9, 2011, the District Court for the Northern District of California dismissed with prejudice air passenger travel claims based on foreign injury in an MDL action alleging a ten-year international conspiracy among the airlines to fix the prices of transpacific air passenger travel. Memorandum Opinion, In re Transpacific Passenger Air Transp. Antitrust Litig., No. C-07-05634 CRB ("Mem. Op.").
 Continue Reading Court Tosses Transpacific Air Passengers’ Claims Based on Alleged Overcharges for Flights Originating in Asia