Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 28 JULY 2010

Third Circuit Creates "Bright-Line Rule" For Legality of Exclusive Contracts

Barnes & Thornburg LLP
Explore more from Barnes & Thornburg LLP

On July 23, 2010, the Third Circuit in "Race Tires of America, Inc., et al. v. Hoosier Racing Tire Corp., et al.", (Case No. 09-3989), affirmed the lower court’s summary judgment decision that exclusive, sole-source contracts between race tire supplier Hoosier Racing Tire (Hoosier) and organizations that sanction motorsports races did not violate the antitrust laws.

United StatesAntitrust/Competition Law
Barnes & Thornburg'S Antitrust And Trade Regulation Practice Group
Barnes & Thornburg'S Antitrust And Trade Regulation Practice Group
Author LinkedIn connections

On July 23, 2010, the Third Circuit in Race Tires of America, Inc., et al. v. Hoosier Racing Tire Corp., et al., (Case No. 09-3989), affirmed the lower court's summary judgment decision that exclusive, sole-source contracts between race tire supplier Hoosier Racing Tire (Hoosier) and organizations that sanction motorsports races did not violate the antitrust laws. The Court also provided a "bright-line rule" for assessing the legality of exclusive contracts, permitting such contracts in the sports context where the organization has in good faith decided it wants exclusivity, and freely enters an exclusive contract with a supplier, even if the supplier has a high market share. This ruling potentially impacts equipment rules and sole source contracts far beyond motorsports. Barnes & Thornburg represented defendant Hoosier in the matter.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Booking Holdings v. Commission: General Court Clears The Way For Reverse Leveraging

The General Court of the European Union has upheld the European Commission's prohibition of Booking Holdings' acquisition of eTraveli Group, endorsing for the first time a 'reverse leveraging' theory of harm in conglomerate mergers. This landmark judgment establishes that dominant companies can be blocked from acquiring complementary businesses even when the target operates in a market where the acquirer lacks dominance, fundamentally reshaping merger control enforcement in digital and ecosystem-driven mark
United StatesAntitrust/Competition Law
Baker Botts L.L.P.
Baker Botts L.L.P.
Article

KKR Agrees To Historic $250 Million Penalty For Alleged Violations Of HSR...

The Department of Justice announced a landmark $250 million settlement with KKR & Co. for allegedly submitting deficient Hart-Scott-Rodino Act notification forms across at least 16 transactions. This unprecedented penalty, the largest ever for HSR violations, raises critical questions about merger notification compliance obligations and the consequences of systemic noncompliance with federal antitrust review requirements.
United StatesAntitrust/Competition Law
Bracewell LLP
Bracewell LLP
Article

OFAC Broadens Cuba Sanctions And Restricts Payments And Travel

The U.S. Treasury Department's Office of Foreign Assets Control has implemented sweeping changes to Cuba sanctions, introducing a new regulatory framework that extends restrictions beyond U.S. persons to foreign entities and financial institutions. These measures eliminate key banking authorizations, expand transaction prohibitions to include intermediary payments, and significantly narrow travel permissions, creating new compliance challenges for businesses operating in or through Cuba-related channels.
United StatesGovernment, Public Sector
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

IEEPA Tariff Refunds: Critical Developments, Phase III Delays, And Action Steps For Importers

U.S. Customs and Border Protection has begun processing IEEPA tariff refunds through its CAPE system, but Phase III covering finally liquidated entries faces delays and requires court orders. With the Department of Justice appealing the universal refund order and class certification pending, importers with finally liquidated entries may need to file individual lawsuits at the Court of International Trade to preserve their claims before statutory deadlines expire.
United StatesInternational Law
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

California Passes AB-1883 Targeting AI Workplace Surveillance Of Employees’ Emotional State And Neural Data

On Aug. 30, AB-1883 received final legislative approval and now heads to California Governor Gavin Newsom for signature or veto. If enacted, AB-1883 would prohibit employers from using workplace surveillance tools that rely on artificial intelligence (AI) to recognize, infer, or predict an employee’s emotional state, or to collect “neural data.”
United StatesEmployment and HR
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

Time To Update The Handbook And The Training Deck: Three New California Laws Affecting Employment Policies And Training

California Governor Newsom has signed three bills that will require California employers to revisit their written policies and their training programs. On the policy side, SB 1149 widens who counts as a “family member” for bereavement leave. On the training side, AB 1803 adds an anti-hate speech component to mandatory harassment prevention training starting Jan. 1, 2028.
United StatesEmployment and HR
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

Russia Sanctions And Tariffs: What Businesses Need To Know About The Graham Act

President Trump has signed the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026, introducing sweeping new tariffs of up to 100% on countries purchasing Russian energy and up to 500% on Russian-origin goods. The legislation also codifies existing executive order sanctions into statute, requiring congressional action to lift restrictions and creating mandatory secondary sanctions on foreign financial institutions transacting with designated Russian banks. Companies face immediate compliance challenge
RussiaInternational Law
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

New York State Minimum Wage Increase Halted For 2027; Governor Proposes March Hike

New York's minimum wage will hold steady at current rates through early 2027, but Governor Hochul has proposed legislation that would tie future increases to inflation beginning March 1, 2027. Home care workers will see immediate wage increases to $19-$20 per hour starting January 1, 2027, while standard minimum wages remain at $16-$17 depending on location. Employers across the state should prepare now for potential legislative changes that could affect payroll systems and compensation structures.
United StatesEmployment and HR
Barnes & Thornburg LLP
Barnes & Thornburg LLP