Judge Lawrence O’Neil, E.D. CA, dismissed a claim by a tomato canning company against US Steel and a Korean steel manufacturer alleging that the two conspired to monopolize the market for steel used to make tin cans and to monopolize the market. The defendant’s argued that the plaintiff’s price fixing claims for damages were barred by the Illinois Brick rule because the plaintiff was an indirect purchaser of the defendant’s raw steel. The plaintiff countered that it was a direct purchaser of tin cans from a manufacturer that purchased raw materials from the defendants and was a party to the conspiracy. The court held that the conspiracy allegations were too vague, but gave the plaintiff the opportunity to amend.