Dismissal of Antitrust Action Affirmed

In Jacobs v. Tempur-Pedic Int’l., Inc., No. 08-12720, an antitrust action claiming that defendant illegally enforced vertical retail price maintenance agreements with its distributors and engaged with its distributors in horizontal price fixing, the cout affirmed the dismissal of the complaint where 1) the complaint failed to adequately plead a relevant market and thus did not show actual harm to competition; and 2) the potential costs of fixing prices with defendant’s distributors would outweigh any benefits that defendant would realize by doing so, particularly where independent economic activity would yield the same benefits with none of the costs.

 

Related Resources

  • Read the Eleventh Circuit’s Decision in Jacobs v. Tempur-Pedic Int’l., Inc., No. 08-12720

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