A toss up: Payment theory prevails but the rule of reason reigns

On 31 October the 10th U.S. Circuit Court of Appeals overturned the U.S. District Court for the District of Utah's decision in United States v. Kemp & Associates, et al. that dismissed the government's indictment as time barred. United States v. Kemp & Assoc. Inc., No. 17-4148 (10th Cir. 31 October 2018).

While the 10th Circuit strongly urged the District Court to reconsider its order holding that the case be adjudicated under the rule of reason standard, the 10th Circuit found that the issue was not ripe for appeal. Despite the favorable ruling on the motion to dismiss, the government now faces a dilemma: proceed to trial under the rule of reason standard in contravention of long-standing Antitrust Division policy or dismiss the case.

Read More: A toss up: Payment theory prevails but the rule of reason reigns


Download PDF Share Back To Listing
Loading data