United States v. Rivera-Hernandez

OPINION and ORDER

GUSTAVO A. GELPÍ, United States' District Judge

In this Sherman Act, 15 U.S.C. § 1 (2004) antitrust case, the defendants filed a motion to dismiss for lack of jurisdiction, asserting that the Sherman Act does not apply to Puerto Rico because it is not a State. (Docket No. 41.) In response, the Government argues that Puerto Rico is indeed a State for the purposes of the Sherman Act since Córdova & Simonpietri Ins. Agency Inc. v. Chase Manhattan Bank N.A., 649 F.2d 36 (1st Cir.1981) is controlling law and thus, dispositive on the issue of whether the Sherman Act applies. (Docket…