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.
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Expert Testimony on False Confessions and Territorial Limits of Donnelly Act
New York Law Journal
April 18, 2012
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