The US District Court for the Eastern District of New York further cements the Second Circuit Courts’ position in favour of not requiring market power in order to establish a vertical restraint (American Express)

Eastern District of New York Declines to Make Market Power a Requirement in Vertical Restraint Cases In United States v. American Express Co., et al., Eastern District of New York Judge Nicholas Garaufis held that, in the absence of further direction from the Supreme Court or the Second Circuit, he would not require a plaintiff to prove that a defendant has market power in order to show that a vertical restraint violates Section 1 of the Sherman Act. [1] In the circuit split that currently exists on this issue, Judge Garaufis’ decision further cements Second Circuit courts’ position in favor of not requiring market power in order to establish a Section 1 claim for vertical restraint cases. Background and Arguments In 2010, the Department of Justice and attorneys general of seventeen

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  • Weil, Gotshal & Manges (New York)

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Wendy Fu, The US District Court for the Eastern District of New York further cements the Second Circuit Courts’ position in favour of not requiring market power in order to establish a vertical restraint (American Express), 7 May 2014, e-Competitions May 2014, Art. N° 68654

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