In This Issue:

- Fourth Circuit Upholds Summary Judgment For Manufacturer In Exclusive Dealing Case:

Despite being one of two manufacturers that control 99% of the market, E.I. DuPont de Nemours and Co. has persuaded the United States Court of Appeals for the Fourth Circuit to affirm dismissal of exclusive dealing claims against it. Kolon Indus. Inc. v. E.I. DuPont de Nemours Sr Co., 748 F.3d 160 (4th Cir. Apr. 3, 2014).

- Grocery Store's Market-Division Claim Against Wholesalers Survives Summary Judgment:

The United States Court of Appeals for the Eighth Circuit has concluded neither side could prevail on summary judgment motions in an antitrust action brought by a "small town, family-owned grocery store" against SuperValu Inc. and C&S Wholesale Grocers, Inc., two of the largest grocery wholesalers in the United States.

- Restraint Of Trade Claims Go Forward Against Football "Franchises" And League:

The United States District Court for the Northern District of Illinois has paved the way for what will be a closely-watched antitrust trial in American Needle, Inc. v. New Orleans Saints, 2014 U.S. Dist. LEXIS 47527 (N.D. III. Apr. 4, 2014).

- Court Denies Motion To Dismiss Robinson-Patman Act Claim Based On Uneven Application Of Incentive Program:

A federal court in California denied in part a motion to dismiss a car dealer's price discrimination claim against its distributor under the Robinson-Patman Act. Mathew Enterprise, Inc. v. Chrysler Group LLC, 2014 U.S. Dist. LEXIS 95522 (N.D. Cal. July 11, 2014), involved a franchised dealer, Mathew Enterprise, that purchased its vehicle inventory directly from Chrysler at a standard invoice price.

- New York Federal Court Rejects Claims Based On Single-Brand Market:

A federal district court in New York dismissed a value-added reseller's antitrust claims against its competitor based on its failure to properly define a relevant market. Techreserves Inc. v. Delta Controls, Inc., 2014 U.S. Dist. LEXIS 47080 (S.D.N.Y. Mar. 31, 2014).

- Federal Court Finds Oklahoma Statute Requires Cause For Nonrenewal Of Dealership Agreement:

A federal court in Oklahoma recently granted in part and denied in part a motion to dismiss brought by an equipment distributor. Charles Mach. Works, Inc. v. Valley Ditch Witch, Inc., 2014 U.S. Dist. LEXIS 60522 (W.D. Okla. May 1, 2014).

- Dealer's Wrongful Termination Suit Survives Motion To Dismiss:

A federal court in Ohio partially granted a manufacturer's motion to dismiss certain claims in a suit challenging the termination of a distribution agreement brought by one of its former dealers. Palmer-Donavin Manufacturing Co. v. Rheem Sales Co., 2014 U.S. Dist. LEXIS 82993 (S.D. Ohio June 18, 2014).

- Federal Court Denies Request For Injunction To Prevent Termination:

A federal district court in North Carolina denied a bakery goods distributor's motion to enjoin his termination because disputed issues of fact precluded a finding that he was likely to succeed on the merits of his wrongful termination claim.

- Supplier's Summary Judgment Motion Denied By Washington Federal Court On Claims Related To Sale Of Products In The Philippines:

A federal court in Washington denied a product supplier's motion for partial summary judgment on numerous claims related to an oral contract.

- Court Broadly Interprets Inventory Repurchase Obligations Under The North Carolina Farm Machinery Franchise Act:

In Interstate Equipment Co. v. ESCO Corp., 2014 U.S. Dist. LEXIS 97263 (W.D.N.C. July 17, 2014), a court established a broad interpretation of a supplier's obligations under the North Carolina Farm Machinery Franchise Act…

- Massachusetts Supreme Court Clarifies Manufacturer's Duty To Defend:

In a case of first impression, the Massachusetts Supreme Judicial Court has clarified the duty that a motor vehicle manufacturer owes a dealer to assume defense of a claim. Ferreira v. Chrysler Grp. LLC, 2014 Mass. LEXIS 336 (Mass. June 11, 2014).

Please see Full Newsletter below for more Information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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