Morvillo Abramowitz Obtains Dismissal of Antitrust Charges Against Executive

August 28, 2017

NEW YORK, August 28, 2017 – Utah federal district judge David Sam dismissed antitrust charges against Daniel Mannix and his company Kemp & Associates as barred by the statute of limitations. At the same time, Judge Sam reaffirmed his previous decision that the case would be governed by the rule of reason instead of the per se standard for liability. That decision, initially announced at a hearing on June 22, 2017, could have barred further prosecution of the case, even short of an outright dismissal, because DOJ Antitrust Division policy allows for criminal prosecution only of per se cases.

The case arose out of the heir location services industry, where firms like Kemp & Associates use genealogical research to track down unwitting heirs to intestate estates. Mr. Mannix is the manager and co-owner of Kemp & Associates. In making his decisions, Judge Sam found that the allegedly anticompetitive agreement was ended well outside the limitations period, and that it could not be considered a per se violation of the Sherman Act. Mr. Mannix was represented by Richard F. Albert, Devin Cain, and Miriam Glaser of Morvillo Abramowitz.

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Order on Rule of Reason (pdf | 41.81 KB)Order on Statute of Limitations (pdf | 47.89 KB)Downton Abbey Meets Antitrust and DOJ Comes up Empty Handed (pdf | 228.71 KB)