Allegations of Conspiracy to Dishonor Land Purchase Agreement and Tarnish Plaintiffs’ Reputation Do Not Support Claim of Injury to Competition

The court granted defendants’ motion to dismiss plaintiffs’ Sherman § 1 claim because plaintiffs did not sufficiently assert an injury to competition. “Plaintiffs allege Defendants formed a civil conspiracy with the aim of removing Plaintiffs from a multi-party transaction and harming Plaintiffs’ business reputation in the community. Plaintiffs’ claim for relief makes no mention of any harm or intent to harm competition. Even presuming, without deciding, this alleged conspiracy constituted fraud, deception, breach of contract, or tortious interference, the allegations as a whole do not plausibly lead to a claim of an anticompetitive intent or effect on the relevant market. The allegations merely assert a harm to a competitor, not to competition. Even if Defendants did not enjoy immunity, Plaintiffs’ have failed to sufficiently plead the elements of a federal antitrust violation under Section 1 of the Sherman Act.”

MB Realty Group, Inc. et al v. Gaston County Board of Education et al, 3-17-cv-00427 (NCWD 2018-07-11, Order) (Frank D. Whitney)

2018-07-13T12:18:02+00:00July 13th, 2018|Antitrust, Docket Report|