Appeal in Suit Against an ATP Under Sherman Act Rejected - U.S. Third Circuit
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Appeal in Suit Against an ATP Under Sherman Act Rejected

Deutscher Tennis Bund v. ATP Tour, Inc., No. 08-4123, concerned plaintiffs' suit against the ATP Tour, an organizer of worldwide men's professional tennis circuit, claiming that ATP Tour's reorganization to revitalize its popularity violated sections 1 and 2 of the Sherman Act and constituted a breach of the directors' fiduciary duties. 

In affirming the judgment of the district court, the court held that the jury verdict on the Sherman Act section 1 claim was proper as the plaintiffs failed to prove the relevant market.  The court also affirmed the district court's judgment as a matter of law dismissing the breach of duty of loyalty claim against a director as neither he individually nor the ATP Board of Directors as a whole were materially self-interested when they voted in favor of the reorganization plan.   

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