What 2nd Circ. Signaled In NY Casino Antitrust Case

Law360, New York (April 20, 2016, 10:59 AM EDT) -- Moses Silverman

Joshua D. Kaye The Court of Appeals for the Second Circuit reaffirmed the viability of motions to dismiss based on inadequate market definition in antitrust cases with its decision in Concord Associates LP et al. v. Entertainment Properties Trust et al.[1] Notwithstanding the potentially fact-intensive nature of the issues presented by such motions, the Court of Appeals affirmed the dismissal of a complaint asserting claims under Sections 1 and 2 of the Sherman Act because of the plaintiffs' failure to allege a plausible geographic market.

The dispute in Concord Associates arose over the plaintiffs' purported plans to develop a...

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