Solent Freight Services v. Alberty

U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Antitrust

New York Law Journal

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District Judge Nicholas Garaufis

Solent Freight Services brought an action against defendants Alberty and Omni Export Services and others alleging violations of federal antitrust law, defamation, tortious interference with business relations, and civil conspiracy arising from defendants' actions in the freight forwarding business. Certain defendants moved to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim. One defendant operates freight forwarding services for hatching eggs originating from the East Coast. Plaintiff decided to start freight forwarding hatching eggs in 2011, thereby directly competing with that defendant. Plaintiff's claims stemmed from two of the defendant's business dealings and alleged harm to two markets: the hatching eggs market and the freight forwarding of hatching eggs market. The court granted the motion to dismiss, finding that the plaintiff has no standing to assert antitrust injuries suffered in the hatching egg market since plaintiff, as a freight forwarder, is not directly impacted by the agreement between the egg hatchery and the defendant as a purchaser of hatching eggs would be.

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