03/05/2013 10:53:16 AM EST
Federal Judge Dismisses Antitrust Claim For Failure ToAllege Market Power
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LexisNexis® Mealey's™ Daily Legal News
SACRAMENTO, Calif. - Home purchasers who sued a subdivision's developer, builder and seller, alleging that the defendants manipulated the market value of the homes in the subdivision in violation of the Sherman Act, failed to allege market power in the relevant market sufficient to allege a per se illegal tying arrangement, a federal judge in California ruled Feb. 28 in dismissing the claim(Connie Cherrone, et al. v. Florsheim Development, No. 12-02069, E.D. Calif.; 2013 U.S. Dist. LEXIS 27967).
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