Antitrust Column & Publications

Supermarket Strike Profit-Sharing Not Immune

Date: 08/31/11

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

In an en banc decision, the U.S. Court of Appeals for the Ninth Circuit ruled that an agreement to share revenues among Southern California supermarket chains during a strike was not immune from antitrust challenge under a labor exemption, but due to the unusual context the arrangement could not be condemned summarily. The U.S. Court of Appeals for the Eighth Circuit rejected a Federal Trade Commission (FTC) challenge to a drug acquisition for failure to properly define the relevant product market.

Supermarket Strike Profit-Sharing Not Immune.pdf (pdf | 184.25 KB )