U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

Whether McWane’s partial exclusive-dealing arrangement is unlawful under antitrust principles as implemented in Section 5 of the FTC Act, notwithstanding the successful entry of a competitor in the relevant market during the period at issue and notwithstanding McWane’s nonexclusionary business justifications for the conduct.

Case Updates

Supreme Court declines review of the lawfulness of partial exclusive-dealing arrangements under the FTC Act

March 21, 2016

The petition for writ of certiorari was denied.

U.S. Chamber files amicus brief in support of cert.

December 30, 2015

In its brief, the U.S. Chamber supported a petition for Supreme Court review of an Eleventh Circuit decision upholding the FTC’s conclusion that a rebate letter was an unlawful exclusive dealing policy, even though an “excluded” competitor was able to enter the market.

The amicus brief argues that the court should provide clarity regarding the law applicable to exclusivity contracts so as not to chill pro-competitive exclusive-dealing arrangements. The brief also argues that exclusive-dealing contracts offer many economic benefits and serve the interests of suppliers, distributors, and consumers.

This brief was filed jointly with the National Association of Manufacturers.

Thomas R. McCarthy and Bryan K. Weir of Consovoy McCarthy Park PLLC served as co-counsel for the amici.

Case Documents