The Fifth Circuit today reversed a summary judgment in an antitrust case. Wow! And great!! Tunica Web Advertising v. Tunica Casiono Operators Ass’n, Inc., No. 06-60305 (5th Cir. Aug. 13, 2007).
The court did so because the owner of an internet domain name — tunica.com — provided direct evidence that casino owners in Tunica, Mississippi, agreed not to do business with it. The court held that testimony about a "gentlemen’s agreement" along those lines sufficed. And that the plaintiff doesn’t have to prove that the plaintiff in a per se boycott case that at least one of the conspirators directly competed with the plaintiff.