Tundra seeks rehearing in US antitrust case against Faire Wholesale
( October 22, 2025, 22:31 GMT | Official Statement) -- MLex Summary: Tundra Inc. asked a US federal judge to reconsider an order that dismissed its antitrust claims accusing Faire Wholesale of engaging in an anticompetitive exclusive dealing arrangement, arguing that a material change in Ninth Circuit law that occurred after the close of briefing on Tundra’s pending motion for reconsideration compels reversal. It said that in the prior ruling, the court observed that the Ninth Circuit has not yet recognized a claim for “de facto” exclusive dealing. Subsequently, however, the Ninth Circuit has joined the Third and Eleventh Circuits in recognizing such a claim and ruling that properly pled allegations of de facto exclusive dealing are sufficient at the pleading stage, the filing said.See attached file. ...
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