Court of Appeals Provides Essential Reading for Donnelly Act Counsel

, New York Law Journal


Richard E. Donovan, a partner at Kelley Drye & Warren, writes: In one of its rare opinions in the antitrust field and the first ever by Chief Judge Jonathan Lippman, the Court of Appeals recently clarified important points about the Donnelly Act regarding the pleading of a claim under the "rule of reason" and the limited extraterritorial scope of the statute, giving defense counsel a basis to encourage the lower courts to more closely scrutinize the pleading of Donnelly Act claims in the future.

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