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To properly plead demand futility in a shareholder’s derivative suit, the complaint must allege facts specific to each director, showing that at least half of them could not have exercised disinterested business judgment in responding to a demand; alleging that corporate officers, but not directors, were engaged in an antitrust conspiracy did not suffice. Read More

Department of Justice required SABMiller to divest entirely of its domestic beer business as a condition of approving its merger with Anheuser-Busch; so consumers could not maintain suit alleging that the merger would lessen competition in the domestic market. Read More

The district court properly dismissed this antitrust action because plaintiffs failed to allege facts to support the conclusion that the advertising on bibs worn by golf caddies on professional golf tours constituted a separate market or submarket.  Read More

American Express’s anti-steering policy, which forbids merchants from suggesting to customers, at the point of sale, that they use a non-Amex credit card that charges lower merchant fees, does not violate the Sherman Anti-Trust Act. Read More

Baseball’s antitrust exemption barred an antitrust suit by minor league players claiming teams illegally colluded in setting their salaries.  Read More

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