Oak Land and Development LLC v. Simon Property Group Inc. (Penn Square Mall Antitrust Tying Suit)

Commercial Lease Disputes Pending
Date
December 3, 2025
Added to tracker
October 6, 2026
Court or forum
U.S. District Court, Western District of Oklahoma
State
Oklahoma
Presiding judge
Patrick R. Wyrick
Amount / scale
Unspecified damages and injunctive relief sought over alleged antitrust tying
Parties
Plaintiff/Developer: Oak Land and Development LLCPlaintiff/Developer: Veritas DevelopmentDefendant: Simon Property Group Inc.

Oak Land and Development LLC and other developers of OAK, a competing Oklahoma City mixed-use retail project, sued Simon Property Group in December 2025 in the U.S. District Court for the Western District of Oklahoma, alleging Simon illegally tied favorable lease terms across its national mall portfolio to tenants' agreement to avoid leasing space at OAK. The complaint alleges Simon used this leverage, plus direct threats and incentives, to block prospective tenants including restaurant chain North Italia from opening at OAK in favor of Simon's nearby Penn Square Mall. Simon has called the suit meritless and, in June 2026, moved to dismiss the amended complaint as an improper attempt to use antitrust law to shield OAK from ordinary competition; the motion remains pending.

Why it matters

The case tests whether a dominant landlord's national portfolio leverage -- rather than any single lease term -- can itself support Sherman Act tying liability, a theory with particular relevance for REITs and mall owners with multi-market footprints. A ruling allowing the claims to proceed would signal materially higher antitrust exposure for large landlords using cross-portfolio concessions to influence tenant decisions in contested local submarkets.

Original source ↗

A federal antitrust case pending in the Western District of Oklahoma is shaping up as a significant test of how far a dominant mall owner can go in using its national real estate portfolio to pressure retailers away from a competing project. In Oak Land and Development LLC, et al. v. Simon Property Group Inc., et al., Case No. 5:25-cv-01444, a group of Oklahoma City developers accuses Simon Property Group -- the nation's largest owner of shopping malls and premium outlet centers -- of illegally tying favorable lease terms across its national property portfolio to a tenant's agreement to avoid leasing space at a rival mixed-use development. With Simon's motion to dismiss the amended complaint now before U.S. District Judge Patrick R. Wyrick, the case tests whether ordinary competitive hardball crosses into antitrust liability once a landlord's market power is large enough.

Case timeline · 2 entries Latest: June 2026 — Simon Property Group moves to dismiss the amended antitrust complaint

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