Antitrust Law Daily Wrap Up, FRANCHISING & DISTRIBUTION—S.D.N.Y.: Excavator seller’s exclusive distributorship agreement enforceable, (Jan 12, 2022)

By Steven D. Cole, J.D.

Claiming to not know about an agreement made by the manufacturing company’s former president with a distributor was no defense to breach, nor was the distributor’s refusal to pay on contracts in order to offset its claimed damages.

Both an equipment manufacturer and a distributor were liable for breaching separate c ...