Queen City Pizza v. Domino’s Pizza, Inc.

Representing franchisees against their franchisor, we urged the Third Circuit to recognize a claimed tying arrangement in the aftermarket for ingredients and supplies used by franchisees to make the product sold under the franchisor’s trademark, at the time a cutting edge issue in franchising antitrust law. By a 7-6 vote, the Third Circuit declined to rehear en banc the 2-1 decision of the panel. See 129 F.3d 724.