Former magazine distributor Anderson News failed to provide sufficient evidence that publishers and competing distributors illegally conspired to boycott its service, a federal appellate court has ruled, affirming the lower court’s opinion.
The 2nd US Circuit Court of Appeals agreed in an opinion published on Monday, August 6, with a lower-court judge in rejecting Anderson News’ claims.
The Knoxville, Tennessee company argued publishers controlling 80% of the nation’s magazines conspired to drive it out of business. Anderson shut down in February 2009, laying off thousands of employees.
The appeals court stated evidence presented by Anderson was “perhaps consistent with an unlawful conspiracy among defendants.” It cited the company’s decision to impose a “take-it-or-leave-it” surcharge on the industry as another plausible explanation for its demise.
Full Content: Knox News
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