New York court dismisses antitrust defense for breach of distribution agreement
Your client is being sued for non-payment of a contract and claims they shouldn’t pay because prices were set by a cartel or that they were forced to pay for a “bundle” of services or distribution channels even though they only wanted to a subset of the package. Is it a defense? After all, aren’t contracts for illicit ends unenforceable?
The answer, more often than not, is “no”. A recent decision by a New York Division of Commerce judge provides a helpful reminder of the somewhat limited indemnity of antitrust defenses for tender claims.
In Time Warner Cable Enterprises LLC v Universal Communications Network, Inc.Judge Oing granted a motion by Time Warner Cable (“TWC”) to dismiss the defendant’s affirmative defenses under federal antitrust laws.
Read the full post on our Minding Your Business blog.