Firm Memoranda

Sixth Circuit En Banc Ruling Dismisses Exclusive Dealing Monopolization Suit By Rival

Date: 10/26/07

It is axiomatic that the antitrust laws are meant to protect competition, not competitors, and in some circumstances rivals are precluded from bringing antitrust suits because the injury they seek to redress flows from vigorous competition rather than any competition-reducing conduct. In a recent appeal, the Sixth Circuit, sitting en banc, was called upon to apply the axiom to a case that had divided one of its panels.

CGRMemo_Sixth Circuit En Banc Ruling Dismisses Exclusive Dealing Monopolization Suit By Rival.pdf (pdf | 38.09 KB )