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Territorial Exclusivity for Truck Dealers

Date: 06/26/08

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

The U.S. Court of Appeals for the Third Circuit ruled that a jury should have been permitted to consider a truck dealer's claim that a manufacturer and other dealers conspired to restrain competition among dealers assigned to different territories. The Fifth Circuit affirmed "quick look" condemnation by the Federal Trade Commission (FTC) of collective negotiation of independent physicians' fees.

Other recent antitrust developments of note included the U.S. Supreme Court's decision to review a ruling that a price squeeze is a viable monopolization theory after the FTC and the Department of Justice expressed opposing views on the matter.

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