During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
To properly plead demand futility in a shareholder’s derivative suit, the complaint must allege facts specific to each director, showing that at least half of them could not have exercised disinterested business judgment in responding to a demand; alleging that corporate officers, but not directors, were engaged in an antitrust conspiracy did not suffice. Read More
The act of state doctrine defeated this attempted antitrust suit against a salt production company that was 51% owned by the Mexican government. Read More
Department of Justice required SABMiller to divest entirely of its domestic beer business as a condition of approving its merger with Anheuser-Busch; so consumers could not maintain suit alleging that the merger would lessen competition in the domestic market. Read More
Although corporations are immune from antitrust liability for conspiracy when their alleged co-conspirator has substantially common ownership, this immunity does not apply when wholly unrelated corporations are alleged to be part of the conspiracy. Read More
The district court properly dismissed this antitrust action because plaintiffs failed to allege facts to support the conclusion that the advertising on bibs worn by golf caddies on professional golf tours constituted a separate market or submarket. Read More
American Express’s anti-steering policy, which forbids merchants from suggesting to customers, at the point of sale, that they use a non-Amex credit card that charges lower merchant fees, does not violate the Sherman Anti-Trust Act. Read More
The Sherman Antitrust Act pre-empts a Seattle ordinance that would have allowed unions to organize independent contractors serving as drivers for ride-sharing services since the ordinance contemplates horizontal price-fixing by non-employee drivers. Read More
Baseball’s antitrust exemption barred an antitrust suit by minor league players claiming teams illegally colluded in setting their salaries. Read More
An order denying a motion to dismiss an antitrust action based on state action immunity is not immediately appealable under the collateral order doctrine. Read More
