No Market Power Needed In 2nd Circ. Vertical Restraint Cases

Law360, New York (June 5, 2014, 10:20 AM EDT) -- In United States v. American Express Co. et al., Eastern District of New York Judge Nicholas Garaufis held that, in the absence of further direction from the U.S. Supreme Court or the Second Circuit, he would not require a plaintiff to prove that a defendant has market power in order to show that a vertical restraint violates Section 1 of the Sherman Act.[1] In the circuit split that currently exists on this issue, Judge Garaufis' decision further cements Second Circuit courts' position in favor of not requiring market power in order to establish a Section 1 claim for vertical restraint cases....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!