Gumwood Holladay Properties (HP) Shopping Partners LP filed an anti-trust lawsuit against Simon Property Group in 2011. Five years after, the case is still open and the litigation continues. A federal judge in South Bend announced to continue hearing the case and denounced an appeal to dismiss the case.
The judge also said he's not ruling in favor of the plaintiff. The largest public real estate company in the country, the owner of the University Park Mall now faces the litigation as the anti-trust lawsuit continues. The anti-trust lawsuit alleged Simon Property Group of bad behavior, as it pressured Ann Taylor not to proceed its store opening in Heritage Square Development, the WNDU reports.
"We've been litigating this case for a number of years now and finally cleared what is the last major hurdle to get our case to trial," said Ronald J. Waicukauski, (Price Waicukauski Joven & Catlin, LLC) Attorney for Gumwood Shopping HP Shopping Partners, LLC. "It shows that the court has agreed with us that there is a substantial factual and legal basis for our claims."
As reported by Retail Consumer Products Law, Simon Property Group was sued by Gumwood for using anticompetitive tactics. In 2011, the plaintiff alleged the defendant of monopolization, attempted monopolization and restraint of trade in accordance with the Sherman Act. Gumwood claimed that Simon Property Group had used its position in the market to prevent retailers from opening branches on its considered competitor, at Gumwood's Heritage Square mall in Mishawaka in Indiana.
The lawsuit alleged that Simon Property Group used several ways to scare retailers interested in building stores in Heritage Square mall. The filing states that Simon Property Group began pressuring Ann Taylor store that has several branches in Simon properties after it entered into a leasing agreement with Gumwood. Ann Taylor was forced to close its construction in Heritage. The lucrative brand, then signed a new lease at another Simon property in Indiana, according to IBJ.
The suit also alleged that several other retailers, including Lane Bryant and J. Jill, turned their backs in signing a lease with Gumwood because of Simon Property Group's threats. As per an assessment of an expert, the wrongdoing might had caused a damage of $11 million to $16.7 million to Gumwood.
