U.S. v. LSL BIOTECHNOLOGIES

No. 02-16472.

379 F.3d 672 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. LSL BIOTECHNOLOGIES; Seminis Vegetable Seeds, Inc.; LSL Plantscience LCC, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn December 18, 2003.

Resubmitted July 27, 2004.

Filed August 11, 2004.


Attorney(s) appearing for the Case

Steven J. Mintz, U.S. Department of Justice, Antitrust Division, Washington, D.C., for the plaintiff-appellant.

Thomas F. Connell and Jeffrey D. Ayer, Wilmer, Cutler & Pickering, Washington, D.C., for defendants-appellees LSL Biotechnologies, Inc. and LSL Plantscience LLC.

Sabina Bhalla, Milbank, Tweed, Hadley & McCloy LLP, Los Angeles, CA, for defendant-appellee Seminis Vegetable Seeds, Inc.

Before ALDISERT, TALLMAN, and RAWLINSON, Circuit Judges.


Opinion by Judge TALLMAN; Dissent by Judge ALDISERT.

TALLMAN, Circuit Judge:

We must decide whether the district court erred by determining that it lacked subject matter jurisdiction over this antitrust action. The United States alleged that an agreement between the defendants (collectively, "LSL") and an Israeli company, Hazera Quality Seeds, Inc., violates the Sherman Act. Because the challenged agreement does not have a direct, substantial, and reasonably...

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