Overview
Case Number: No. 25-11765 (11th Cir.); No. 0:24-cv-60331-WPD (S.D. Fla.)
Practice Area: Appeals & Complex Briefing Antitrust
Case Status: Pending
Court: U.S. Court of Appeals for the Eleventh Circuit; U.S. District Court for the Southern District of Florida
Berger Montague represents OJ Commerce, LLC, an online retailer, in this antitrust lawsuit against National Christmas Products, LLC (d/b/a National Tree Company), alleging that agreements between National Christmas and Amazon.com restrained competition and inflated prices for artificial Christmas trees sold online in the United States.
On September 21, 2026, the U.S. Court of Appeals for the Eleventh Circuit reversed the dismissal of OJ Commerce’s claim under Section 1 of the Sherman Act and remanded the case to the U.S. District Court for the Southern District of Florida for further proceedings. The panel held that OJ Commerce plausibly alleged that the agreements caused a marketwide price increase of 15% in the market for online sales of artificial Christmas trees in the United States, even as National Christmas’s wholesale prices stayed flat and overall consumer prices declined.
Read more about this case:
- Christmas Tree Co. Must Face Claims Over Deal with Amazon, Law360 (Sept. 22, 2026). Read more here.
Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, whistleblower cases, and mass torts in federal and state courts throughout the United States. With nearly $2.4 billion in 2025 post-trial judgments alone, the Firm is a leader in the fields of complex litigation, antitrust, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among other practice areas. For over 55 years, Berger Montague has played leading roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago; Malvern, PA; Minneapolis; San Diego; San Francisco; Toronto, Canada; Washington, D.C., and Wilmington, DE.
Important Documents
Meet The Team
[ View Bio ]
Associate
[ View Bio ]
Associate
OJ Commerce, LLC v. National Christmas Products, LLC FAQs
What is this case about?
OJ Commerce alleges that in March 2020, National Christmas and Amazon entered into an agreement that set a floor price for online retailers other than Amazon and barred those retailers from discounting National Christmas’s artificial Christmas trees. According to the complaint, National Christmas monitored retailers’ prices, removed inventory from retailers that did not comply, and cut off OJ Commerce when it tried to undercut Amazon’s prices.
What did the Eleventh Circuit decide?
The Eleventh Circuit reversed the district court’s dismissal of OJ Commerce’s Sherman Act Section 1 claim, finding that the complaint, read as a whole, plausibly alleged actual anticompetitive effects in the relevant market. The court also upheld precedent that plaintiffs are not required to plead a calculation methodology or market data at the pleading stage. The court otherwise affirmed the district court’s judgment.
What happens next?
The case returns to the U.S. District Court for the Southern District of Florida, where OJ Commerce’s antitrust claim against National Christmas will proceed.
My business has experienced similar pricing restrictions. Can I speak with an attorney?
Yes. If your business has been affected by pricing restrictions imposed by a manufacturer or online marketplace, Berger Montague’s antitrust attorneys can evaluate your case. An initial consultation is free and confidential.
Practice Area
Contact UsFree Case Evaluation
"*" indicates required fields
By clicking SUBMIT you agree to our Terms of Use and Privacy Policy and you are providing express consent to receive communications from Berger Montague via calls, emails, and/or text messages. We reserve the right to collect, retain and use the data you provide.
