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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”. Mulcahy, James M.

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” between

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California Courts Are Beginning To Reexamine Their Outdated Decisions Addressing Vertical Price and Other Distributional Restraints Under The Cartwright Act Mulcahy, James M.

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 the

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