U.S. Court of Appeals for the Tenth Circuit

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Tenth Circuit holds that exclusive-dealing arrangements did not violate Section 2 of the Sherman Act

July 29, 2022

Click here to view the opinion. The Open Markets Institute and other amici questioned the consumer-welfare standard and argued that such arrangements are unlawful even without proof of anticompetitive effects. The U.S. Chamber filed an amicus brief rebutting those arguments.

U.S. Chamber urges Tenth Circuit to affirm district court’s decision in antitrust case

September 22, 2021

The U.S. Chamber filed an amicus brief urging the Tenth Circuit to affirm the district court’s decision in an antitrust case, which considered claims of exclusive-dealing arrangements by a monopolist through a fact-intensive economic analysis of their actual competitive effects, rather than presuming anticompetitive effects.

Seth P. Waxman, Leon B. Greenfield, and David M. Lehn of WilmerHale and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

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