Forever 21 vs. Agaci

Marc A. Young

Practice Area: Antitrust / Trade Law

Outcome: Judg in favor of client Agaci;

Description: Multi biliion dolllar fashion retailer, Forever 21, sued Texas based fashion retailer, Agaci, alleging Agaci violated Texas Anti-trust statutes by including, in a lease agreement with a regional mall, a provision which restricted the malls ability to lease to certain competitors of Agaci for a period of time. Forever 21 contended the provision kept the mall from leasing to Forever 21 and caused them damage by them being unable to open a store in the mall. Forever 21 claimed damages of $4,000,000 plus attorneys fees. The jury found the restrictive covenant did not prevent Forever 21 from leasing space in the Mall and awarded no damages.