Eleventh Circuit Revives OJ Commerce’s Antitrust Claim Over Amazon Christmas Tree Pricing Deal

Berger Montague, a leading national plaintiff law firm, has won a significant appellate victory for online retailer OJ Commerce, LLC, as the U.S. Court of Appeals for the Eleventh Circuit revived its antitrust claim against National Christmas Products, LLC (d/b/a National Tree Company).

“The Eleventh Circuit’s ruling means that OJ Commerce will be able to proceed with this litigation to help restore robust competition to the online marketplace,” said attorney Matt Summers. “This decision represents a major victory for our client and is emblematic of Berger Montague’s Appeals & Complex Briefing department’s successes in representing antitrust plaintiffs in courts of appeal.”

The court held that OJ Commerce plausibly alleged that National Christmas’s agreements with Amazon drove up prices for artificial Christmas trees sold online by 15% or more. The decision reverses the dismissal of OJ Commerce’s Sherman Act claim and sends the case back to the U.S. District Court for the Southern District of Florida.

OJ Commerce alleges that in March 2020, National Christmas and Amazon entered into agreements that set a floor price for non-Amazon retailers and prohibited those retailers from discounting National Christmas’s products. Accordingly, when OJ Commerce attempted to undercut Amazon’s prices, National Christmas retaliated by cutting off OJ Commerce.

The district court dismissed the claim, reasoning OJ Commerce had not explained how it calculated the price increase. The Eleventh Circuit disagreed, upholding that the complaint must be read as a whole and that the Federal Rules require only a short and plain statement of the claim—not a calculation methodology or market data. The court found that OJ Commerce’s allegations of class-wide and market-wide price increases were enough to state a claim.

Additional Information

• Case: OJ Commerce, LLC v. National Christmas Products, LLC, No. 25-11765 (11th Cir. Sept. 21, 2026). Read more here.
• Christmas Tree Co. Must Face Claims Over Deal with Amazon, Law360 (Sept. 22, 2026). Read more here.
• OJ Commerce is also represented by Shlomo Y. Hecht of Shlomo Y. Hecht, P.A.
• Learn more about the case here.

Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. With more than $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 many 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, DC, and Wilmington, DE.

Meet The Team

[ View Bio ]

Matt Summers

Associate

• Email
• 415-906-1626