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United States Eleventh Circuit


Jacobs v. Tempur-Pedic Int'l., Inc., 08-12720

In 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 dismissal of the complaint is affirmed 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.

Appellate Information

  • Decided 12/03/2010
  • Published 12/03/2010

Judges

  • Gerald B. Tjoflat

Court

  • United States Eleventh Circuit

Counsel

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