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ANTITRUST

Toledo Mack Sales & Serv., Inc. v. Mack Trucks, Inc., No. 09-3013, Bus. Franchise Guide (CCH) ¶ 14,412 (3d Cir. July 7, 2010)

Distributor Toledo Mack Sales & Service, Inc. (TMSS) appealed a judgment against it after a jury trial with manufacturer Mack Trucks, Inc. (Mack). TMSS had claimed at trial that, among other things, Mack had conspired “to restrain trade unreasonably in violation of § 1 of the Antitrust Act (‘Sherman Act’).” The jury disagreed. On appeal, TMSS argued that the trial court erred in instructing the jury on the type of evidence it could consider. The U.S. Court of Appeals for the Third Circuit affirmed the judgment.