Key Findings: Ninth Circuit Reverses Dismissal of Antitrust Counterclaims in Commercial Real Estate Dispute


The US Court of Appeals for the Ninth Circuit reversed a district court decision dismissing antitrust counterclaims asserted by the defendant in a copyright dispute. The Ninth Circuit concluded that the defendant plausibly pled antitrust counterclaims under Sections 1 and 2 of the Sherman Act and derivative state law claims under California’s Cartwright Act and Unfair Competition Law.

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