AUO Appeals Let 9th Circ. Revisit Antitrust Precedent

February 5, 2013

Gregory Asciolla comments on an appeal in the Ninth Circuit that might lead the appeals court to clarify its own long-standing precedent, set in a 1996 decision, that the per se antitrust standard doesn't apply to foreign conduct

"This appeal may be an opportunity for the Ninth Circuit to clarify its decision in Metro Industries and keep intact long-standing precedent holding that naked price-fixing conduct is per se illegal, regardless of whether the conduct occurs domestically or abroad," Labaton Sucharow LLP's Gregory Asciolla said.