United States Ninth Circuit

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Ramsey v. National Association of Music Merchants, Inc., 12-56674

In a putative class action under section 1 of the Sherman Act brought by guitar and guitar amplified purchasers alleging that certain guitar manufacturers each adopted similar advertising policies under circumstances suggesting that they agreed among themselves to adopt those policies, essentially a hybrid horizontal and vertical agreement or "hub-and spoke" agreement, the district court's dismissal is affirmed where: 1) plaintiffs' allegations of parallel conduct, in conjunction with several "plus" factors, were insufficient to provide a plausible basis from which to infer the existence of these alleged horizontal agreements; and 2) accordingly, plaintiffs failed to state a claim under section 1.

Appellate Information

  • Decided 08/25/2015
  • Published 08/25/2015

Judges

  • Bea

Court

  • United States Ninth Circuit

Counsel