Category Archives: Unfair Competition / Antitrust

Is Google Guilty of Antitrust Violations?

January 27th, 2012

After Google unveiled its new feature known as “Search Plus Your World”, some antitrust experts are worried that the search giant has stepped over the line.

Google’s new search tailors its results to individual users by using Google’s social network, Google+. When used, the new search contains results from Google+ posts and profiles. Absent from the results are anything from the much larger Twitter and Facebook.

“Google runs a very high risk of being found in violation of antitrust and competition laws,” said Ted Henneberry, a partner at Orrick, Herrington & Sutcliffe’s antitrust group. “The issue raised by Google’s new announcement is how it potentially increases its dominance and furthers its discriminatory treatment of rivals.”

Google defends itself by saying that users benefit from Search Plus Your World, and points out that the company has no legal obligation to boost its rivals’ services.

“The laws are designed to help consumers benefit from innovation, not to help competitors,” said Adam Kovacevich, a spokesman for Google.

The difficulty with Google’s position, though, is that it can most likely be defined as a monopoly. With control of over two-thirds of the U.S. search market, experts say it is legally within the realm of monopoly.

We wonder whether anyone will pursue Google on antitrust violations, and if so, what the result will be.

Sarelson Law Firm – Miami litigation attorneys

 

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Class Action For Price Fixing LCDs

January 2nd, 2012

A $538.6 million settlement is set to be paid out by Samsung Electronics, Sharp Corp., and five other makers of liquid crystal display panels in order to settle anti-trust claims by indirect purchasers of the products.

In order to settle price-fixing claims by direct buyers, the manufacturers agreed earlier this month to pay $388 million as part of a series of consolidated cases in federal court. The new agreement dictates that $501 million will be available for partial refunds to consumers and around $37 million will be used to compensate governments and other public entities for damages.

The allegations claimed that the companies fixed prices of thin-film liquid crystal display panels, which drove up prices of all the products that used them. A class action filed in 2007 claimed that televisions, notebook computers and monitors that used the companies’ display panels from 1999 to 2006 were inflated in price due to the price-fixing.

Pam Bondi, Florida’s Attorney General, spoke on the success of the lawsuits. “Price-fixing is detrimental to Florida’s consumers, governmental agencies, and the economy. I am pleased that we will be able to return funds to those who were harmed by this illegal and deceptive behavior.”

Sarelson Law Firm – Miami litigation attorneys

 

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Class Action Against David Stern’s Law Firm Affirmed by Florida Appellate Court

December 29th, 2010

David Stern is under fire from all angles. Back in 2007, before Stern’s world ended, a relatively innocuous class action was filed against him based on the Law Firm’s transmission of reinstatement letters to borrowers demanding payment for fees and costs which plaintiffs contend were unreasonable, excessive,or “not currently due and owing.” These included service of process fees,title search and title examination fees, attorneys’ fees, and other charges. The merits of the case have not been decided.
A Palm Beach Circuit Court judge certified the case as a class action. Stern — who is represented by Jeffrey Tew at Tew Cardenas – appealed to Florida’s Fourth District Court of Appeal. The appellate court just affirmed the decision to certify the case as a class action. The case is here:
David Stern Class Action
Whether this opens the floodgates to suits against Stern or all foreclosure mills remains unclear – but it certainly does not bode well for the handful of high-volume foreclosure mills in Florida.

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