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· 3/31/2009

In Re Flash Memory Antitrust Litigation

Citations

  • 643 F. Supp. 2d 1133
  • 2009 U.S. Dist. LEXIS 38941
  • 2009 WL 1096602

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that high market concentration coupled with multiple and on-going business relationships, cross-licensing and joint-venture agreements, high barriers to entry, and homogeneity in products can be relied on as factors supporting an inference of collusion
  • finding antitrust injury across markets for NAND flash memory and finished products containing NAND flash memory
  • finding antitrust injury where complaint alleged that the component and finished-product markets were \inextricably intertwined\ with \inherent cross-elasticity of demand between the two\
  • rejecting the defendants’ arguments that Associated General applied across-the-board to all the state antitrust laws at issue and instead concluding that it applied only in Iowa, Nebraska, and California
  • “Logically, charging higher prices would not deceive or induce a consumer to purchase an item he or she would not otherwise purchase”
  • “LaChance merely states that ‘indirect purchasers may bring claims under the CPA.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Armstrong

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.