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NEW YORK CITY-- United States District Court for the Southern District of New York has dismissed with prejudice all remaining claims in the antitrust case against ACNielsen by Information Resources, Inc.
Rob van den Bergh, chairman and c.e.o. of VNU, the global information and media company that owns ACNielsen, and also Progressive Grocer, stated: "ACNielsen has consistently said from the beginning of this case that IRI's claims were without merit and brought to chill competition. The Court's decision clearly demonstrates that ACNielsen acted lawfully and that the allegations made by IRI were unfounded. Competition belongs in the marketplace, and not in the courts. We are gratified that the trial court has dismissed this case and are confident of our position on any appeal."
In an order issued on December 3, 2004, the Court ruled that the economic analysis on which IRI relied to establish its pricing claims was inadmissible as a matter of law. The court ruled that IRI's expert report on liability and damages, to the extent it relied on the improper analysis, could not be presented at trial. After that ruling, IRI advised the Court that the pricing claims were the foundation of its case and, without the evidence excluded by the Court, there was "little left of its case to try." The parties then agreed to enter into a stipulation providing for a final order and judgment in the trial Court.