AAI filed an amicus brief urging the Ninth Circuit to reverse its decision holding that vertical restraints are only actionable when they exclude competitors from the market or support a horizontal cartel. AAI’s brief argued that the Court ignored the law and economics providing that vertical restraints may have have collusive anticompetitive effects without a horizontal agreement and that tying agreements may be unlawful without significantly foreclosing rivals.
The brief was written by AAI Director of Legal Advocacy Rick Brunell.