The US Court of Appeals for the Ninth Circuit clarifies analysis of alleged hub-and-spoke conspiracies under the Sherman Act (J. Ramsey / NAMM)

Ninth Circuit Clarifies Analysis of Alleged Hub-and-Spoke Conspiracies Under the Sherman Act* Yesterday, the Ninth Circuit issued an opinion affirming the dismissal of plaintiffs’ consolidated complaint in In re Musical Instruments and Equipment Antitrust Litigation. In addressing plaintiffs’ allegations of a hub-and-spoke conspiracy, the Ninth Circuit reiterated that each component of such a conspiracy (both vertical and horizontal) must be evaluated separately. After performing this analysis, the court agreed that plaintiffs had failed to plead sufficient facts necessary to establish the likelihood of any horizontal conspiracy (as opposed to parallel industry conduct), and

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Authors

  • Siemens (New York)
  • Patterson Belknap Webb & Tyler (New York)

Quotation

Deirdre McEvoy, Jonathan H. Hatch, The US Court of Appeals for the Ninth Circuit clarifies analysis of alleged hub-and-spoke conspiracies under the Sherman Act (J. Ramsey / NAMM), 26 August 2015, e-Competitions August 2015, Art. N° 76772

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