In its latest pro bono effort, MoginRubin has assisted a group of antitrust law professors in filing an amicus curiae brief in the matter of AFMS v. FedEx Corp. and UPS Co., which concerns an alleged group boycott under Section 1 of the Sherman Act. The district court granted summary judgment and the 9th Circuit affirmed by a 2-1 vote, even though a majority believed there was sufficient evidence to allow a jury to determine a relevant market. In supporting plaintiffs’ petition for a rehearing, the amici curiae argue that the Panel did not follow or address the Direct Effects Rule, which prevails under Supreme Court and Ninth Circuit precedents. Amici argue that following the Direct Effects Rule, which eliminates the requirement of relevant market definition where there are direct effects resulting from anticompetitive conduct, will promote a uniform rule governing market definition analysis in Section 1 rule of reason cases.
For more information, click here: https://www.law360.com/competition/articles/973573/9th-circ-asked-to-rethink-ups-fedex-antitrust-ruling?nl_pk=7c111a5a-04f1-4879-81cb-75b321accdcb&utm_source=newsletter&utm_medium=email&utm_campaign=competition