Once again this past year, the Fourth Circuit and the federal courts in Virginia proved inhospitable to antitrust plaintiffs. Plaintiffs consistently lost on summary judgment and only one plaintiff survived a motion to dismiss. The only major development in the law in the Fourth Circuit came from the Western District of Virginia where Judge James C. Turk refused to recognize the theory of monopoly leveraging under Section 2 of the Sherman Act.
Michael F. Urbanski & Francis H. Casola,
Annual Survey of Virginia Law: Antitrust and Trade Regulation,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol28/iss4/2