On March 24, 2009, the Fourth Circuit Court of Appeals affirmed summary judgment for defendant pesticide manufacturers, dismissing allegations that the manufacturers conspired with their distributors to set minimum resale prices. The Court affirmed a finding that a genuine agency relationship existed between the manufacturers and their distributors, which precluded the existence of an agreement under the Sherman Act. Valuepest.com of Charlotte, Inc. v. Bayer Corp. 2009 WL 756901 (4th Cir. Mar. 24, 2009).

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