Applying Calif. Antitrust Law To Out-Of-State Transactions

By Fred Isquith (November 1, 2017, 12:45 PM EDT) -- In the court's third substantial opinion on the Packaged Seafood Products Antitrust Litigation, (No. 15-MD-2670 JLS MED), Judge Janis L. Sammartino of the U.S. District Court for the Southern District of California illuminated the path for application of California's state antitrust law, The Cartwright Act, to out-of-state residents who purchase a product in a state other than California. In re Packaged Seafood Products Antitrust Litigation, 2017 U.S. Dist. LEXIS 158858 (S.D. Cal Sept. 26, 2017). In addition to containing careful analysis of the pleading requirements under the U.S. Supreme Court's decision in Bell Alt. Corp v. Twomldy, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009), Judge Sammartino examined state court choice-of-law rules as applied in antitrust actions lodged in the federal court. In particular, in applying California's antitrust law to out-of-state transactions by the citizens of states other than California, the opinion adds an important contribution to the jurisprudence in this area. We will focus our comments on that aspect of Judge Sammartino's opinion....

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