Eversheds Sutherland 11th Circuit Business Blog
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Unlawful and Non-Competitive Parallel Conduct is Still Insufficient to State a RICO Claim

The Eleventh Circuit relied on Twombly’s heightened pleading standard in affirming a dismissal for failure to state a RICO claim in Almanza v. United Airlines, 2017 WL 957191 (11th Cir. Mar. 13, 2017). The plaintiff Mexican nationals, representing a putative class, were charged a tourism tax by the defendant airlines as part of their airfare, purportedly required under Mexican law,...

Post-Acquisition Conduct Fails Concerted Action Requirement Under Sherman Act

The Eleventh Circuit found two grounds independently sufficient to affirm summary judgment in an antitrust case, Procaps S.A. v. Patheon, Inc., 2016 WL 7487726 (11th Cir. Dec. 30, 2016). The court ruled that summary judgment was proper both because the plaintiff could not establish the concerted action requirement based on post-acquisition conduct by one party to a joint venture...