Second Circuit vacates dismissal finding plausible grounds in price-fixing complaint to infer an agreement | Practical Law

Second Circuit vacates dismissal finding plausible grounds in price-fixing complaint to infer an agreement | Practical Law

On 13 January 2010, the United States Court of Appeals for the Second Circuit (Second Circuit) held that buyers of digital music ( the plaintiffs) had alleged sufficient facts to suggest that the parallel conduct of major record labels (defendants) was the result of an agreement to fix the price of digital music. As a result, the Second Circuit vacated the judgment by the United States District Court for the Southern District of New York, which had dismissed the case for failure to state a claim for violation of section 1 of the Sherman Act, and remanded the case for further proceedings consistent with its opinion.

Second Circuit vacates dismissal finding plausible grounds in price-fixing complaint to infer an agreement

by Practical Law
Law stated as at 13 Jan 2010USA (National/Federal)
On 13 January 2010, the United States Court of Appeals for the Second Circuit (Second Circuit) held that buyers of digital music ( the plaintiffs) had alleged sufficient facts to suggest that the parallel conduct of major record labels (defendants) was the result of an agreement to fix the price of digital music. As a result, the Second Circuit vacated the judgment by the United States District Court for the Southern District of New York, which had dismissed the case for failure to state a claim for violation of section 1 of the Sherman Act, and remanded the case for further proceedings consistent with its opinion.