Robert Bogan and Scott Bogan v. Austin E. Hodgkins, Jr., Northwestern Mutual Life Insurance Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the \classic model of a group boycott\ is \a concerted attempt by a group of competitors at one level to protect themselves from competition from non-group members who seek to compete at that level\
• finding no claim for failure to disclose markups given nature of broker-customer relationship under New York law, as no case law applying New York’s fiduciary requirements supports broad proposition that all markups must be disclosed
• “Absent a showing that a presumption of anticompetitive effect is appropriate, we apply the rule of reason.”
• “[I]t is an element of a per se case to describe the relevant market in which we may presume the anti-competitive effect would occur.”
• “The majority of allegedly anticompetitive conduct continues to be examined under the rule of reason.... Absent a showing that a presumption of anticompetitive effect is appropriate, we apply the rule of reason.”
• “The agreement here is far from a typical per se illegal restraint, consistent with the fact that antitrust law shows more concern to protect inter rather than intrabrand competition.”

Source: CourtListener parenthetical corpus (CC0).