Law, Strategy, and Risk in Commercial Disputes
May a pack of hedge funds gang up on a borrower to stop pack members from cutting deals with the borrower to lighten its debt burden?
Of course they can (and would), you say. But would they thus run afoul of the Sherman Act? Did you think of that? Heard of section 1? Which bars…
Suppose you took out loans to help pay the costs of running your business. You later suffer some setbacks. Bad ones. The market price of the loans, and their value on your lenders' books, take a tumble. In a fair world, those who made the loans would gladly let you pay off the debt at a discount, right?…
Plaintiffs who sue under section 1 of the Sherman Act must allege a contract, combination, or conspiracy that restrains competition. Some kinds of conspiracies so patently harm competition that courts presume injury and call them "per se" violations. Agreements between competitors to fix prices, not to compete for specific customers or in particular areas, and to boycott…