Monthly Archives: December 2012

New Australian Thoroughbred Antitrust Decision

On 19 December 2012, the Australian Federal Court handed down an important Competition Law ruling concerning the rules of sport. The court held that the Australian Jockey Club’s rule requiring Thoroughbred horses to be bred by natural cover was not anticompetitive and did not violate the Competition Law. Robertson, J. referred to some Sherman Act precedent in a lengthy (369 pages), detailed analysis.

The opinion is available through the following link by searching “Judgments” and entering the case name: http://www.fedcourt.gov.au/publications/judgments/last-week.

Direct-Purchaser Class Certified in Chocolate Litigation

On December 7, 2012, the Federal District Court for the Middle District of Pennsylvania certified a direct-purchaser class in a multi-district antitrust price-fixing action against producers of chocolate confectionary products. Judge Christopher C. Conner concluded that a thorough Daubert analysis is appropriate in considering class certification, but denied the defendants’ Daubert motion to exclude the opinions of the plaintiffs’ experts. The certified class consists of persons and entities who directly purchased single serving standard and King size chocolate candy for resale directly from the defendants between December 9, 2002 and December 20, 2007.