Earlier this month, a Texas federal judge dismissed an antitrust lawsuit against Topgolf International Inc. brought by a rival startup, SureShot Golf Ventures Inc. The lawsuit alleged that Topgolf monopolized the market for golf simulation centers by acquiring tech company Protracer, which supplied the golf ball tracking technology that SureShot said it needed to compete.
Prior to Topgolf’s acquisition of Protacer, SureShot entered into a five-year licensing agreement with Protracer. SureShot alleged that Topgolf continued to honor the Protracer-SureShot agreement but refused to give assurances that Protracer would remain available after the expiration of the agreement. In his order granting Topgolf’s motion to dismiss, U.S. District Judge Andrew S. Hanen ruled that SureShot had not alleged any kind of denial of access to the Protracer technology to establish that it suffered an injury capable of redressability – as required for Article III standing. “The complaint assumes anticompetitive behavior that it admits has never happened,” the order said.
About Faruqi & Faruqi, LLP
Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in California, Georgia and Pennsylvania.
Since its founding in 1995, Faruqi & Faruqi, LLP has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, direct purchasers, consumers and employees.
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About Kristyn Fields
Kristyn Fields' practice is focused on antitrust litigation. Kristyn is a Senior Associate in the firm's New York office.Prior to joining F&F, Kristyn interned for the Honorable Martin Marcus, New York Supreme Court, Bronx County. As well, Kristyn participated in the Brooklyn Law Incubator & Policy Clinic providing pro bono counsel to emerging start-up companies. While at Brooklyn Law School, Kristyn served as an Executive Articles Editor of the Brooklyn Journal of Corporate, Financial & Commercial Law. Also, Kristyn was a member of the Moot Court Honor Society.Kristyn earned her J.D. from Brooklyn Law School (2016). Kristyn earned her undergraduate degree from Boston College (B.A., Political Science, 2013).Kristyn is licensed to practice law in New York.
Kristyn Fields
Partner at Faruqi & Faruqi, LLP
New York office
Tel: (212) 983-9330
Fax: (212) 983-9331
E-mail: kfields@faruqilaw.com
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