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Conspiracies and Summary Judgment in Sherman Section 1 Cases: Judge Posner Takes on the Ninth Circuit


Warren S. Grimes


Southwestern Law School

2002-2003

Competition, Vol. 11, No. 2, p. 15, Winter 2002-2003

Abstract:     
The article analyzes and compares Judge Richard Posner's opinion in In re High Fructose Corn Syrup Antitrust Litigation, 295 F.3d 651 (7th Cir. 2002) with the Ninth Circuit's panel decision in In re Citric Acid Litigation, 191 F.3d 1090 (9th Cir. 1999). On similar facts, both cases dealt with the proper standard for summary judgment in a case in which there was an alleged conspiracy in violation of Section 1 of the Sherman Antitrust Act. The article concludes that Judge Posner's decision, which reversed and remanded a district court decision granting summary judgment to the defendants, applies the proper standard. In contrast, the Ninth Circuit's panel decision applied an unduly rigid standard that may prevent trial of legitimate Section 1 claims.

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Date posted: February 1, 2011  

Suggested Citation

Grimes, Warren S., Conspiracies and Summary Judgment in Sherman Section 1 Cases: Judge Posner Takes on the Ninth Circuit (2002-2003). Competition, Vol. 11, No. 2, p. 15, Winter 2002-2003. Available at SSRN: http://ssrn.com/abstract=1752400

Contact Information

Warren S. Grimes (Contact Author)
Southwestern Law School ( email )
3050 Wilshire Blvd.
Los Angeles, CA 90010
United States
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