San Francisco – May 23, 2022 – Cooley successfully defended its client Liberty Coin, a retailer specializing in precious metals, in an antitrust claims case filed in the US District Court for the Central District of California, ending more than two years of litigation. Partner Dee Bansal, and associates Marcus Peterson and Julia Brinton, led the Cooley team representing Liberty Coin.
In February 2020, a competing online reseller filed a complaint alleging Liberty Coin and multiple other sellers of coins and precious metals entered into agreements to set predatory prices for their products sold online in violation of Section 1 of the Sherman Act, and had engaged in discriminatory pricing in violation of the Robinson-Patman Act.
Cooley successfully defeated three motions to dismiss, arguing that the plaintiff did not have antitrust standing, and had not plausibly pleaded a horizontal conspiracy, a plausible relevant market, that the defendants had set discriminatory prices, or that the defendants could recoup their alleged below-cost sales.
On April 28, 2022, the US Court of Appeals for the Ninth Circuit affirmed dismissal with prejudice, which became effective May 20.
The case is A World Trade, Inc. v. Apmex, Inc. (2:20-cv-01032) in the US Court of Appeals for the Ninth Circuit.
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