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Antitrust Litigation › Summary Judgment › Antitrust Division

A&O Shearman

Ninth Circuit Panel Affirms Ruling That “Unclean Hands” Does Not Bar Antitrust Standing

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On May 23, 2025, a panel for the United States Court of Appeals for the Ninth Circuit addressed the application of the “unclean hands” doctrine to antitrust standing. PharmacyChecker.com LLC v. LegitScript LLC, No. 24-2697...more

A&O Shearman

Fourth Circuit Affirms That Continuing Violation Doctrine Does Not Preserve Time-Barred Antitrust Claims Without “New” Harm Or...

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On August 29, 2024, the Fourth Circuit affirmed a district court’s decision granting summary judgment and dismissing antitrust claims by CSX Transportation, Inc. (“CSX” or “Plaintiff”) against Norfolk Southern Railway Company...more

A&O Shearman

Eastern District Of New York Finds Circumstantial Evidence Enough To Defeat Summary Judgment Motion In Antitrust Case Against...

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First, the Court considered whether there was sufficient evidence to conclude that the Defendants’ standards, in and of themselves, violated Section 1 and concluded there was not.  Instead, the Court held that...more

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