No. 25-1109

Richard Gibson, et al. v. Cendyn Group, LLC, et al.

Lower Court: Ninth Circuit
Docketed: 2026-03-23
Status: Pending
Type: Paid
Response Waived Experienced Counsel
Tags: algorithmic-pricing antitrust-law price-fixing rule-of-reason sherman-act-section-1 vertical-agreements
Latest Conference: 2026-04-17
Question Presented (from Petition)

Whether vertical licensing agreements between a common algorithmic pricing vendor and competing firms are categorically exempt from Section 1's rule-of-reason inquiry because the agreements do not expressly compel adherence to the software's pricing recommendations.

Question Presented (AI Summary)

Whether vertical licensing agreements between a common algorithmic pricing vendor and competing firms are categorically exempt from Section 1's rule-of-reason inquiry because the agreements do not expressly compel adherence to the software's pricing recommendations

Docket Entries

2026-03-25
DISTRIBUTED for Conference of 4/17/2026.
2026-03-23
Waiver of Cendyn Group, LLC, et al. of right to respond submitted.
2026-03-23
Waiver of right of respondent Cendyn Group, LLC, et al. to respond filed.
2026-03-11
Petition for a writ of certiorari filed. (Response due April 22, 2026)

Attorneys

Cendyn Group, LLC, et al.
Melissa Arbus SherryLatham & Watkins LLP, Respondent
Richard Gibson, et al.
Steve W. BermanHagens Berman Sobol Shapiro LLP, Petitioner