Coke or Pepsi? Antitrust Suit Over Beverage Sales at the Phila. Airport Fizzles Out at the 3rd Circuit
Specifically, the company argued that their ability to operate in PHL was unlawfully tied to the exclusivity agreement, and that it was an illegal conspiracy and restraint on trade, all of which allegedly violate the Sherman Act.
April 28, 2022 at 11:06 AM
3 minute read
Commercial LitigationFederal antitrust laws do not provide a sufficient basis for a retailer to bring antitrust claims against the Philadelphia International Airport's landlord over its efforts to force the company into an exclusive agreement with a third-party beverage vendor, a federal appeals court has ruled.
The precedential decision in Host International v. MarketPlace PHL addressed the novel question of whether the airport's landlord could tie the lease of a commercial space to an agreement to use only one vendor. The unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit determined that the situation did not raise any antitrust claims, in a decision that upheld a ruling by the U.S. District Court for the Eastern District of Pennsylvania.
Writing for the panel, Judge Paul Matey said that in order to raise an antitrust claim, the concessions company, Host International, needed to show that the defendant's demands were unreasonable and that prices, quantity or quality would be affected in the deal, rather than just the retailer's bottom line. Matey said Host's allegations regarding harm were speculative.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFaegre Drinker Picks Arizona for Next-Gen Design Lab
Transfer of State-Law Claims From Federal to State Court in Pa.: Avoiding the Default Trap of 42 Pa. C.S. Section 5103
12 minute readOffit Kurman Hit With $4M Legal Mal Judgment Over Client's Multimillion-Dollar Loss
3 minute readCompetitor Financed Litigation, Abused Discovery to Steal Trade Secrets, Lawsuit Filed by Sidley Austin Alleges
Law Firms Mentioned
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250