The U.S. Court of Appeals for the Eighth Circuit ruled that determining whether an asset swap agreement between grocery wholesalers should be judged under the rule of reason or as a per se market allocation agreement required fact-finding by a jury. The U.S. Court of Appeals for the Second Circuit decided that an alleged breach of contracts to supply generic drug companies with an unbranded version of a drug did not state a monopolization claim under a duty to deal theory.
Other antitrust developments of note included the Second Circuit’s determination that the federal statute defining the extraterritorial reach of U.S. antitrust law goes to the merits of the claim rather than the jurisdictional power of the court and a district court’s dismissal of antitrust claims by a horse trainer who was banned from a racetrack.
