LAW WEEK COLORADO
The 10th Circuit issued a ruling in an antitrust lawsuit between two apartment complexes catering to students of the University of Colorado Denver.
The court’s decision also gives the plaintiff a new opportunity to make its case and also changes rules for future antitrust lawsuits in the 10th Circuit. The case made it to a three-judge panel on the 10th Circuit after Auraria Student Housing at the Regency won a $3.2 million jury verdict, trebled to nearly $10 million, in 2015 on claims that its competitor, Campus Village Apartments, had a monopoly on housing with the University of Colorado-Denver.
Regency in October 2010 filed the lawsuit claiming Campus Village Apartments violated antitrust laws under the Sherman Act in an agreement with the University of Colorado Denver that required non-resident freshmen to live at Campus Village, a wholly owned subsidiary of the University of Colorado Real Estate Foundation.
Since 2006, the university has used a residency requirement for full-time enrolled students at the campus that said first-time freshmen under the age of 21 and not living with parents must live at Campus Village and specifically not at the Regency or another apartment complex, the Inn at Auraria.