News & Analysis as of

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

McDermott Will & Emery

Optical Illusion: Lack of Overcharge Evidence Yields Summary Judgment Victory for Optical Disk Drive Manufacturers

McDermott Will & Emery on

Manufacturers of optical disk drives defeated electronics companies’, retailers’ and indirect purchaser plaintiffs’ conspiracy claims after seven years of litigation. On December 18, the US District Court for the Northern...more

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