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U.S. Court of Appeals for the Fourth Circuit

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Fourth Circuit holds that there exists a genuine dispute of material fact as to whether Duke Energy’s actions were illegitimate anticompetitive conduct that violated § 2 of the Sherman Act, which is sufficient to preclude summary judgment

August 05, 2024

Opinion

U.S. Chamber files coalition amicus brief urging Fourth Circuit to hold that plaintiffs cannot aggregate lawful acts to establish a Sherman Act claim and that refusal-to-deal liability can only be established when there was no pro-competitive justification for unilaterally terminating a prior profitable course of dealing

May 19, 2023

Click here to view the coalition amicus brief.

Michael F. Murray and Mary Walser of Paul Hastings LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

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