When Antitrust Conspiracy Cases Merit Summary Judgment

By George Gordon and Thomas Miller ( August 8, 2018, 3:32 PM EDT) -- The U.S. Court of Appeals for the Second Circuit affirmed a grant of summary judgment on July 19, 2018, in favor of defendants in a nearly decade-old case alleging an unlawful conspiracy in the single-copy magazine industry. The decision clarifies the application of the U.S. Supreme Court's Matsushita opinion in antitrust conspiracy cases, including with respect to how record and expert evidence is analyzed under the Matsushita standard.[1] This article provides background on the case, briefly summarizes the Second Circuit's decision, and offers key takeaways....

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