U.S. court revives antitrust suit on music downloads
Daily Legal News
The U.S. Second Circuit Court of Appeals in New York said a lower court judge erred in dismissing the complaint alleging violations of the federal Sherman Act in October 2008.
Among the named defendants in the case are Bertelsmann AG, EMI Group, Sony Corp, Time Warner Inc, Vivendi SA and Warner Music Group Corp or various affiliates.
The plaintiffs contended that record labels entered into joint ventures and licenses that had the effect of creating artificial price floors for downloaded music.
They also said that when competitors started to distribute the labels' music, the defendants "agreed" to a wholesale floor of about 70 cents per song, which were enforced in part through restrictive license agreements.
Writing for a three-judge panel, Circuit Judge Robert Katzmann said the plaintiffs' allegations are "sufficient to plausibly suggest" a conspiracy to fix prices.
Noting that the defendants control more than 80 percent of digital music sold to U.S. purchasers, the judge pointed to one commentator who concluded that "nobody in their right mind" would want to use two of the music services at issue.
He said this suggested "some form of agreement among defendants
Related listings
-
The Supreme Court will evaluate Trump’s expansive claims of presidential power
Daily Legal News 10/07/2025The Supreme Court is beginning a new term with a sharp focus on President Donald Trump’s robust assertion of executive power.Pivotal cases on voting and the rights of LGBTQ people also are on the agenda. On Tuesday, the justices will hear argum...
-
Trump asks Supreme Court to quickly take up tariffs case and reverse ruling
Daily Legal News 09/04/2025The Trump administration took the fight over tariffs to the Supreme Court on Wednesday, asking the justices to rule quickly that the president has the power to impose sweeping import taxes under federal law.The government called on the court to rever...
-
Texas House approves redrawn maps sought by Trump ahead of 2026 elections
Daily Legal News 08/23/2025The Texas House on Wednesday approved redrawn congressional maps that would give Republicans a bigger edge in 2026, muscling through a partisan gerrymander that launched weeks of protests by Democrats and a widening national battle over redistricting...
New Rochelle, New York Personal Injury Lawyers
If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.