United States Fifth Circuit

In an antitrust action alleging resale price maintenance, a grant of defendant's motion to dismiss the complaint is affirmed where: 1) the district court properly rejected the alleged market definitions of "retail market for Brighton's women's accessories" and the "wholesale sale of brand-name women's accessories to independent retailers"; 2) plaintiff failed to allege any relevant factors that would indicate a plausible anticompetitive effect; and 3) the district court rightly dismissed the horizontal-restraint claims as barred by the mandate rule.

Appellate Information

• Decided 08/17/2010
• Published 08/18/2010

Judges

• Jerry E. Smith

Court

• United States Fifth Circuit

Counsel