United States Fifth Circuit

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Tunica Web Advert. v. Tunica Casino Operators Ass'n, Inc., 06-60305

In an action setting forth federal and state antitrust claims alleging generally that defendants-casinos and others engaged in a concerted refusal to deal with plaintiffs and that their conduct was a per se violation of the Sherman Antitrust Act, summary judgment for the casinos is reversed and remanded where: 1) the district court erred when it found that plaintiff's proffered evidence did not create any issue of fact on the element of concerted action; 2) the district court erred in finding that the per se rule only applies in situations where one of the conspirators is a direct competitor of the victim; and 3) a remand was required for analysis of the proper factors for determining the applicability of the per se rule in this case.

Appellate Information

  • Decided 08/13/2007
  • Published 08/14/2007


  • DENNIS, Circuit Judge:, Before DAVIS, DENNIS and PRADO, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • Joe Bradley Pigott, Pigott, Reeves, Johnson & Minor, Jackson, MS, for Plaintiffs-Appellants., Robert Mims, Daniel, Coker, Horton & Bell, Oxford, MS, for Barden Mississippi Gaming LLC., Mark D. Herbert, April DeAnn Reeves, Watkins, Ludlam, Winter & Stennis, Jackson, MS, for BL Development Corp., Robinson Property Group Ltd. Partnership, Tunica Partners II L.P., Bally's Olympia L.P., Boyd Tunica, Inc. and Sheraton Tunica Corp., Benjamin Elmo Griffith, Griffith & Griffith, Cleveland, MS, for Hollywood Casino Corp.