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Market Force, Inc. v. Wauwatosa Realty Company, et al.

Case Conclusion Date: 07.11.1990

Practice Area: Antitrust & Trade Law

Outcome: Success on federal appeal after summary judgment.

Description: I represented the target defendant in a federal antitrust case brought by a buyer's broker. Client posted to MLS that it would pay only a referral fee to bueyr's brokers. Some of the other members of the same MLS then posted the same or similar policy statements, in a "copy cat" fashion. I was successful in getting summary judgment from the federal district court because there was no proof of conspiracy. Plaintiff appealed to the Seventh Circuit Court of Appeals. After full briefing and oral argument, the Court of Appeals affirmed the trial court, holding, among many other holdings, that evidence of parallel refusals to deal has no probative force where at least one defendant can fully explain valid business reasons for the policy, and there is no evidence of any communication among the alleged co-conspirators.

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