In their New York Court of Appeals Roundup, Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, analyze, among other rulings, a decision where the Court construed the Donnelly Act, New York's version of the Sherman Act, and reached two significant conclusions. First, to survive a motion to dismiss a plaintiff must allege market power in the relevant market in which defendants are alleged to have restrained trade. Second, an overseas conspiracy must have a very close nexus to harm to competition in the state for it to fall within the reach of New York's statute.
Expert Testimony on False Confessions and Territorial Limits of Donnelly Act
New York Law Journal
April 18, 2012
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