The US Second Circuit Second Circuit perforates Matsushita standards in reviewing price-fixing conduct by commercial papers manufactures (Publication Paper Antitrust Litigation)

Seizing upon the "opportunity to clarify the application of the standards established" more than a quarter-century ago in Matsushita Electric Industrial Co. v. Zenith Radio Corp. [1] for determining the existence of a jury question as to collusive behavior, the Second Circuit reversed a summary judgment granted entered for an alleged price-fixer in In re Publication Paper Antitrust Litigation. [2] Relying on the Third Circuit's decision in In re Flat Glass Antitrust Litigation, [3] The three-judge panel [4] declared that the "when the conspiracy is economically sensible for the alleged conspirators to undertake and ‘the challenged activities could not reasonably be perceived as procompetitive,'" then "broader inferences are permissible from ambiguous evidence and Matsushita's

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  • Hausfeld (New york)

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Scott Martin, The US Second Circuit Second Circuit perforates Matsushita standards in reviewing price-fixing conduct by commercial papers manufactures (Publication Paper Antitrust Litigation), 6 August 2012, e-Competitions Bulletin Burden of proof, Art. N° 60593

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