Smart Vent Asks to Appeal Monopolization-by-Disparagement Ruling

Smart Vent Products Inc. asked a Virginia federal judge for permission to immediately appeal his ruling greenlighting claims that it monopolized the “flood vent” industry by systematically disparaging rivals.

Judge Raymond A. Jackson misapplied an exception to the general presumption that commercial disparagement has a minimal effect on competition, Smart Vent says in court papers filed May 8.

“The April 28 order applied a well-known six-factor test,” the filing says. “This court’s application of those factors, however, broke new ground.”

The antitrust lawsuit accuses Smart Vent of telling customers that vents made by rivals aren’t legal, and of pummeling competitors ...