1-800 CONTACTS, INC. v. F.T.C.

Docket No. 18-3848 August Term, 2019.

1 F.4th 102 (2021)

1-800 CONTACTS, INC., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Second Circuit.

Decided: June 11, 2021.

Attorney(s) appearing for the Case

Stephen Fishbein , Shearman & Sterling LLP, New York, NY ( Ryan A. Shores , Todd M. Stenerson , Brian C. Hauser , Shearman & Sterling LLP, Washington, D.C., on the brief) for Petitioner.

Imad Abyad , Federal Trade Commission ( Gail F. Levine , Deputy Director, Geoffrey M. Green , Assistant Director, Joel Marcus , Deputy General Counsel, Barbara Blank, Daniel J. Matheson , Mariel Goetz , Attorneys, on the brief), for Alden F. Abbott , General Counsel, Federal Trade Commission, Washington, D.C., for Respondent.

Corbin K. Barthold and Cory L. Andrews , Washington Legal Foundation, Washington, D.C. for Amici Curiae Richard A. Epstein , Keith N. Hylton , Thomas A. Lambert , Geoffrey A. Manne , Hal Singer and Washington Legal Foundation in Support of Petitioner.

Theodore H. Davis Jr. , Kilpatrick Townsend & Stockton LLP, Atlanta, GA and Sheldon H. Klein , President, American Intellectual Property Law Association, Arlington, VA, for Amicus Curiae American Intellectual Property Law Association in Support of Petitioner.

Bryan D. Gant , Seiji Niwa , White & Case LLP, New York, NY and Eileen M. Cole , White & Case LLP, Washington, D.C., for Amici Curiae United States Council for International Business in Support of Petitioner.

Mark A. Lemley , William H. Neukom Professor, Stanford Law School, Stanford, CA for Amici Curiae Intellectual Property, Internet Law and Antitrust Professors in Support of Respondent.

Before: Lynch and Menashi, Circuit Judges.

Between 2004 and 2013, Petitioner 1-800 Contacts, Inc. ("1-800") entered into thirteen trademark settlement agreements and one sourcing and services agreement with competitors (the "Challenged Agreements"). As explained below, the Challenged Agreements contained provisions restricting specific terms on which the parties could "bid" when participating...


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