2nd Circ. Won't Revive Ad Research Firm's Antitrust Suit

Law360, New York (December 5, 2013, 4:47 PM EST) -- The Second Circuit on Thursday killed a failed magazine advertising research firm’s antitrust suit claiming one-time rival GfK Mediamark Research & Intelligence LLC drove it out of business, finding no strong evidence of predatory pricing or attempted market monopolization.

A unanimous panel soundly rejected Affinity LLC’s allegations that GfK, a far larger company, broke antitrust laws after launching its own version of Affinity’s product for researching the effectiveness of magazine advertising once the two companies backed off a proposed acquisition.

Affinity, which shuttered in 2012 after eight...
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