Tenth Circuit Antitrust Victory for 1-800 Contacts

Munger, Tolles & Olson represented 1-800 Contacts Inc. as intervenor in defending a constitutional challenge to a Utah law that it sponsored preventing contact lens manufacturers from imposing minimum retail prices on Utah contact lens retailers. The Tenth Circuit affirmed an earlier district court decision denying the request of contact lens manufacturers to issue a preliminary injunction against the Utah law.

The law was opposed by various contact lens manufacturers, including Alcon, Bausch & Lomb and Johnson & Johnson. The manufacturers argued that the law would discriminate against interstate commerce if Utah retailers could set retail prices below the national price minimums imposed by the manufacturers’ uniform pricing policies.

On December 19, 2016, the Tenth Circuit majority held that the manufacturers failed to establish that they were likely to succeed on the merits of their claims that the Utah law violates the U.S. Constitution’s Commerce Clause.

The Munger Tolles attorneys representing 1-800 Contacts were Garth T. Vincent, Gregory M. Sergi and Ronald K. Meyer.