Antitrust Column & Publications

Second Circuit Reinstates Music Industry Conspiracy Complaints

Date: 01/26/10

Source: The New York Law Journal. Reprinted with permission.

The U.S. Court of Appeals for the Second Circuit ruled that claims of price fixing by music companies should not have been dismissed and indicated that courts must look to the context surrounding parallel conduct when determining the sufficiency and plausibility of complaints alleging agreements in restraint of trade. The U.S. Court of Appeals for the Sixth Circuit dismissed a racetrack's monopolization claims against NASCAR because the plaintiff's economist failed to show that premium stock car racing constituted its own relevant market and neglected to consider other forms of entertainment.

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