3rd Circ. Ruling May Significantly Expand Antitrust Standing

Law360, New York (January 3, 2016, 9:14 AM EST) -- The recent Third Circuit decision Hanover 3201 Realty LLC v. Village Supermarkets Inc. applies the "inextricably intertwined" doctrine to reinstate antitrust claims dismissed in the district court.[1] Generally, antitrust standing is limited to consumers and competitors in the market restrained by allegedly anti-competitive conduct. But under the "inextricably intertwined" doctrine, a party who is neither a consumer nor a competitor may potentially sue a defendant if the defendant harmed the plaintiff in order to gain an unfair advantage over actual competitors. The Third Circuit's interpretation of this doctrine in Hanover could significantly expand the number of plaintiffs with antitrust standing....

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