The U.S. Court of Appeals for the Second Circuit ruled that claims of price fixing by music companies should not have been dismissed and indicated that courts must look to the context surrounding parallel conduct when determining the sufficiency and plausibility of complaints alleging agreements in restraint of trade. The U.S. Court of Appeals for the Sixth Circuit dismissed a racetrack’s monopolization claims against NASCAR because the plaintiff’s economist failed to show that premium stock car racing constituted its own relevant market and neglected to consider other forms of entertainment.
Other recent antitrust developments of note included a decision by the U.S. Court of Appeals for the Eighth Circuit that cardiologists complaining of exclusion from a health insurance network could not limit the relevant market definition in their antitrust suit to patients who had private insurance plans and a ruling by the U.S. Court of Appeals for the Third Circuit vacating a price discrimination judgment for failure to satisfy the competitive injury requirement.
Pleading
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