Court Orders Disclosure of Separate Criminal Case Documents in Antitrust MDL

In In Re: Lithium Ion Batteries Antitrust Litigation, Northern District of California Judge Yvonne Gonzalez Rogers ordered Panasonic Corp. to hand over documents used in a separate grand jury investigation that led Panasonic subsidiary Sanyo Electronics Co. Ltd. to plead guilty to antitrust charges and pay $10.7 million.  The present case is a multidistrict price-fixing suit, where direct and indirect purchasers of lithium ion batteries sued manufacturers for allegedly conspiring to fix or raise prices.   Besides the argument over the disclosure of the documents, the defendants argued that the entire case should be dismissed because the complaint lacked key details about the purchases at issue and defendants’ involvement in the alleged conspiracy.  During the argument, the court pointed out that if a party was involved in the conspiracy for sales and it had repercussions down the line, that party would still be held responsible for the conspiracy.  Although Judge Gonzalez Rogers did not issue a formal ruling on the motions to dismiss, she did say that the complaints will need to be revised and she hopes to issue a formal ruling within 30 days.

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