In TFWS Inc. v. Peter Franchot et al., 4th Circuit Court of Appeals refused to reverse its earlier decision that Maryland’s liquor and wine regulations involving 1) post-and-hold pricing system, which governs how and when liquor wholesalers may charge their prices; and 2) a volume discount ban, which prevents wholesalers from offering lower prices to […]
Category Archives: State Action Immunity
Second Circuit Revives Hospital Antitrust Case Reversing State Action Based Summary Judgment
July 15, 2009 – 2:03 pm
In Lafaro v. New York Cardiothoracic Group PLLC, Second Circuit Court of Appeals vacated a lower court’s ruling of summary judgment for a surgeon and his practice – defendants in an antitrust case over access to operating rooms at state-run Westchester Medical Center in New York – finding that although the state-run hospital as a […]
Antitrust Attack on Concert Promotion Agreement Survives Motion to Dismiss
February 12, 2009 – 5:19 pm
A competing arena has attacked an agreement between concert promoter Live Nation and the Grand Rapids/Kent County Convention Authority that entitles 1) Live Nation to 1/3 of the revenue from non-Live Nation events at Convention Authority venues, and 2) the Convention Authority 1/3 of Live Nation’s revenue at Live Nation events scheduled at competing venues. The owner […]