· 6/30/2004
Spanish Broadcasting System of Florida, Inc. v. Clear Channel Communications, Inc.
Citations
- 376 F.3d 1065
- 32 Communications Reg. (P&F) 1251
- 2004 U.S. App. LEXIS 13468
- 2004 WL 1459544
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that Section One claims that do not allege per se antitrust violations are analyzed under the rule of reason
- noting that “conclusory allegations, unsupported by specific factual allegations, do not state a claim for relief under the antitrust laws”
- noting court was unable to locate a case where “a minority shareholder can attempt to monopolize a market on behalf of its subsidiary”
- stating that under Rule 15(a)’s standard that a court “should freely give leave [to amend] when justice so requires” and that the Supreme Court’s decision in Foman v. Davis, 371 U.S. 178 (1962), applies to a plaintiff’s motion to amend its complaint after the judgment
- affirming dismissal with prejudice when plaintiff failed to plausibly allege an antitrust injury and instead relied on “vague statements about the potential general consequences of hypothetical monopolization of the [relevant] market”
- “Although damage to a critical competitor may also damage competition in general, [the plaintiff] bears the burden of drawing that implication with specific factual allegations.” (emphasis omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Black, Barkett, Magill
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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