Mulcahy LLP is a boutique litigation firm that provides legal services to franchisors, manufacturers, distributors, and other companies in the areas of antitrust and trade regulation, intellectual property and unfair competition, and franchise and distribution law. We are seasoned trial lawyers based in Southern California, and we serve clients nationwide.ViewRead More
Ninth Circuit Dismisses Robinson-Patman and Sherman Act Claims, Stating: “We Must Return This Capitalist Rumble to The Forum Where it Belongs: The Market
Antitrust lawyers well know that price discrimination claims under the Robinson-Patman Act (RPA) can be very difficult to win. For example, going as far back as 1953, the SupremeCourt has held that there is no buyer liability under Section 2(f) unless the plaintiff (the disfavored buyer) can show the defendantRead More
Recent California Federal District Court Decision, in Alleged “Hub-and-Spoke” Antitrust Conspiracy, Allows Plaintiff to Aggregate Competitive Effects of Separate Vertical Agreements to Show Antitrust Injury in Claim Against the “Hub” but not the “Spokes”.
In the antitrust context, a “rimless wheel” – or “hub-and-spoke” – conspiracy is not a general conspiracy but instead amounts to multiple conspiracies between the common defendant – e.g., a distributor – and each of the other defendants – e.g., multiple suppliers. This means that, absent allegations establishing a “rim” betweenRead More
California Courts Are Beginning To Reexamine Their Outdated Decisions Addressing Vertical Price and Other Distributional Restraints Under The Cartwright Act
Thirty-five years ago, the California Supreme Court held that vertical price fixing is per se unlawful under California’s antitrust statute. 1 Since then, however, modern economic analysis and federal antitrust jurisprudence have evolved dramatically away from the antiquated common law “restraints on alienation” approach to per se condemnation. For theRead More
As all California antitrust lawyers know, California’s principal antitrust statute is the Cartwright Act.1 The Act “generally outlaws any combinations or agreements which restrain trade or competition or which fix or control prices.”2 And, as the California Supreme Court recently made clear, “[f]rom its inception, [the Act] has always beenRead More