Litigation Partner Jason Bussey and Litigation Associate Lindsey Bohl co-wrote an article published on the California State Bar’s website, “Eastern District of Missouri Denies St. Louis Metropolitan Taxicab Commission’s Motion to Dismiss Based on State Action Immunity in Antitrust Lawsuit Brought by Uber.” The article discusses a Missouri federal district court’s decision to deny a motion to dismiss an antitrust lawsuit brought by Uber Technologies Inc. against the St. Louis Metropolitan Taxicab Commission (“MTC”), rejecting the MTC’s argument that it is a governmental entity entitled to immunity from liability under Section 1 of the Sherman Act. The district court relied on N.C. State Bd. of Dental Examiners v. Fed. Trade Comm’n, in which the Supreme Court held that a non-sovereign governmental agency controlled by participants in the market the agency regulates enjoys immunity from federal antitrust laws only if anticompetitive conduct attributed to the agency furthers a clearly articulated policy of, and was actively supervised by, the State itself.
Led by Jason Bussey, an Executive Committee member of the California State Bar’s Antitrust, Unfair Competition and Privacy Section, Simpson Thacher attorneys in the Firm’s Palo Alto, Washington, D.C., and New York offices have been contributing to antitrust publications, including to antitrust treatises and articles, over the last two years. Simpson Thacher contributors have included Partner Jason Bussey and Associates Andrea Levine, John Goheen, Karen Gift, Jonathan Mincer, Caitlyn Chacon, Elizabeth White, Lindsey Bohl, Thomas Cramer, Adam Crider, Elizabeth French and Andy Hasty.
To read the most recent article, please click here.