PE firms with non-competitor, majority-owned portfolio companies will face reduced risks of antitrust liability under Section 1 of the Sherman Act in the Eleventh Circuit. .
Court considers statistical evidence on causation- OJ Commerce LLC relied on a probabilistic argument involving a 66% statistical likelihood derived from NOCO Co.’s alleged role in “two of three equally likely possibilities” to overcome a proximate cause problem when it sued NOCO in the Northern.