In the July 2023 edition of Global Competitive Review, Lisa Jose Fales, Danielle Foley, Paul Feinstein, Peter Larson, and Isaiah Smith co-authored “Sixth Circuit: Labor Union and Collective Bargaining Exemptions are Alive and Well.” The following is an excerpt:
The Sixth Court addressed several different issues in the antitrust cases that it decided this past year. In two sports-related cases, the court examined the application of the labor union and collective bargaining exemptions to the antitrust laws, as well as the sufficiency of allegations of an agreement under Section 1 of the Sherman Act. It also reiterated the standard for predatory bidding. Finally, the court provided a reminder that antitrust injury depends on a showing of market-wide effects, not just claims of injury to the plaintiff.
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