By Sarah Cascone. From artnet.com. Posted on 5/1/18.
The museums—the Metropolitan Museum of Art, the Whitney Museum of American Art, the Museum of Modern Art, the Solomon R. Guggenheim Foundation, and the New Museum of Contemporary Art—are asking for a dismissal with prejudice, which would prevent Cenedella from refiling his case in the future. They argue that they do not, and could not, participate in a conspiracy to buoy the market for a particular set of artists, because such an arrangement would make their jobs harder—not easier.
Cenedella’s complaint, which has already been amended at the judge’s request, “falls far short of stating a plausible claim,” the museums wrote in a brief supporting the motion to dismiss the case. “Plaintiff is disappointed that the five museums named as Defendants in this case have not purchased or exhibited his artwork. But this grievance has nothing to do with the law, let alone the antitrust laws, which are intended to protect competition.”