Maxon v. Carfax and Rockland et al. v. Carfax
The firm represents Carfax in an antitrust case involving claims by 1,000 car dealers. The plaintiffs allege that the vehicle history reporting company engaged in anticompetitive practices and violates antitrust laws, including that the company is a monopolist in the sale of vehicle history reports through exclusive agreements with auto manufacturers and classified auto web sites. The case raises novel questions about the application of a traditional exclusive distribution agreement in the context of the internet. Judge Nathan in the Southern District of New York granted our motion for summary judgment in September 2016. An appeal to the Second Circuit is pending. The complaint in the Rockland case was filed in January 2017 which adds additional deals but otherwise raises similar claims.