The U.S. Court of Appeals for the Nineth Circuit recently upheld a verdict finding that a coupon printer’s right-of-first-refusal contracts constituted unlawful exclusive dealing under the Cartwright Act, California’s antitrust law. The court also upheld, however, the lower courts refusal to impose an injunction permanently banning right-of-first-refusal contracts on the ground that they can be pro-competitive.
Update: The court has denied en banc review.