The Matsushita Standard on Summary Judgment Through the Lens of the Contrasting Valspar and Titanium Dioxide Cases - June 12, 2020

This program will examine persistent questions and confusion over the correct application of the Matsushita summary judgment standard in antitrust conspiracy cases. The splits among and within circuits turn on the proper circumstances for applying the 'tends to exclude the possibility of independent conduct' test, as contrasted with the 'reasonable jury' standard of R. 56.

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