Practice Area(s): General Litigation, Antitrust and Trade Regulation
Client/Industry: Designer, manufacturer and seller of lighting fixtures
Attorney(s): John Eklund, Maura Hughes, David Ruiz, Larry Jones
Situation Summary:
Calfee is currently defending a leading designer, manufacturer and seller of lighting fixtures against antitrust claims of resale price fixing in the Eastern District of New York.
The lighting company has a minimum advertised pricing program for customers who sell the lighting products over the internet. An internet retailer claims that the policy was adopted pursuant to a conspiracy between the lighting company and its “bricks and mortar” dealers to inhibit competition from e-tailers and to artificially raise selling prices for the products.
Key questions in the case include:
- Can circumstantial evidence of communications between the lighting company and its dealers constitute a conspiracy?
- Does the policy, in its purpose and effect, regulate selling and advertised prices?
The outcome of this case is significant because it could be used to set precedent regarding the legality of minimum advertised pricing programs, with important implications for companies with significant e-tailing operations.
The results described in each case study are dependent on the specific factual and legal circumstances of the matter described, and constitute neither legal advice nor a guarantee of similar results with respect to any other matter.