Articles Posted in US Court of Appeals for the Second Circuit

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The Second Circuit affirmed the district court's grant of summary judgment in favor of Simon & Schuster on the issues of antitrust injury and causation. Lavoho, successor in interest to Diesel, filed this antitrust action for business injuries it alleges arose from an unlawful conspiracy in restraint of trade between Apple, Inc. and five major publishing companies. The district court determined that Diesel's business was not grounded in price competition, that it contemporaneously viewed the adoption of agency pricing as a boon, and that its decline was not a legally cognizable antitrust injury flowing from the unlawful nature of the conspiracy. The court agreed and held that there was no genuine dispute as to any material fact underlying the conclusion that, as a matter of law, Diesel suffered no antitrust injury caused by the unlawful antitrust conspiracy. View "Diesel eBooks, LLC v. Simon & Schuster, Inc." on Justia Law

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The Second Circuit affirmed the district court's grant of summary judgment in favor of publishing companies on issues of antitrust injury and causation. Abbey House, dba BooksOnBoard, filed this civil antitrust action for business injuries it alleges arose from an unlawful conspiracy in restraint of trade between Apple, Inc. and five major publishing companies. The district court determined that BooksOnBoard faced strong competition from large retailers, that it contemporaneously viewed the adoption of agency pricing as a boon, and that its subsequent demise was not attributable to the unlawful conspiracy. The court agreed and held that there was no material fact in dispute underlying the conclusion that, as a matter of law, BooksOnBoard suffered no antitrust injury caused by the unlawful antitrust conspiracy. View "Abbey House Media, Inc. v. Simon & Schuster, Inc." on Justia Law