Conspiracies and Summary Judgment in Sherman Section 1 Cases: Judge Posner Takes on the Ninth Circuit
Competition, Vol. 11, No. 2, p. 15, Winter 2002-2003
13 Pages Posted: 1 Feb 2011 Last revised: 5 May 2015
Date Written: 2002-2003
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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