In March 2009, Judge Christopher Connor, M.D. P.A., denied defendants’ motion to dismiss price fixing allegations against leading chocolate makers. The court held that the complaint sufficient alleged a conspiracy under Twombly. Defendants requested that the court certify the question for appeal. The court has now agreed to do so, explaining that its conclusion that Twombly […]
Category Archives: Cartel Activity
Carb Gas Cartel Plaintiffs Prevail in 9th Circuit
April 12, 2009 – 5:52 pm
In William O. Gilley Enterprises Inc. et al. v. Atlantic Richfield Co. et al., a divided 9th Circuit panel found that plaintiffs’ argument – that 44 individual bilateral agreements among the oil companies had the same aggregate anti-competitive effect as a conspiracy – was enough to establish a claim under Section 1 of the Sherman Act. […]
Magnesite Price Fixing Case Revived
April 12, 2009 – 5:38 pm
In Animal Science Products Inc. et al. v. China National Metals & Minerals Import & Export Corp.,a new amended complaint revived an antitrust class action against China-based magnesite exporters, accusing the defendants of conspiring to fix the mineral’s prices. The original complaint was dismissed for failure to state a claim under the Sherman Act because the […]
Heat Stabilizer Cartel Investigation
March 28, 2009 – 1:29 pm
On March 23, 2009, The EC recently sent a Statement of Objections to a number of heat stabilizer companies relating to potential cartel activity. Heat stabilizers are used in PVC products to improve rigidity, appearance, and thermal resistance.
North Sea Shrimp Cartel Investigation
March 28, 2009 – 1:19 pm
On March 24-25, 2009, the EC inspected the premises of companies involved with North Sea shrimp and related products. The inspections occurred in several member states based on cartel concerns. Company names have yet to be released.
LCD Private Action Survives Motion to Dismiss
March 5, 2009 – 2:09 pm
In In re: TFT-LCD (Flat Panel) Display Antitrust Litigation, N.D. California Judge Susan Illston denied the LCD television manufacturers’ motion to dismiss a private action filed by direct purchasers. The defendants argued that the allegations of conspiracy were too vague outside the post-2000 period covered by the defendants’ executives guilty pleas in a related criminal proceeding. […]
Fiberglass Insulation Price-fixing Case to Go to Trial
February 17, 2009 – 1:10 pm
Northern District of Georgia Judge Julie Carnes denied defendant Masco motion for summary judgment in a case alleging that Masco, a large insulation contractor, orchestrated a price fixing cartel amoung four of the five largest fiberglass insulation manufacturers. The complaint alleges that because of its size, Masco was able to negotiate lower prices from the manufacturers than […]
Flat Glass Conspiracy Case To Proceed
February 12, 2009 – 5:50 pm
Judge Ambrose, Western District of Pennsylvania, denied the defendants motion to dismiss a putative class action alleging that the defendants fixed energy surcharges. The motion argued that the plaintiffs had alleged insufficient facts to establish a conspiracy under Twombly. The court held thought otherwise, holding the allegations sufficient because they pointed to a history of an inability to […]
ATM Interchange Fee Class Action Adopts Rule of Reason Theory
February 12, 2009 – 5:09 pm
The plaintiffs in In re: ATM Fee Antitrust Litigation have responded to the Northern District of California court’s grant of summary judgment to the defendants’ on their plaintiffs’ per se theory by amending the complaint to allege a rule of reason violation. The complaint alleges that the banks participating in the Star ATM network have […]
Class Complaints Challenge Walmart-Netflix Deal
January 27, 2009 – 12:50 pm
A number of class action complaints have been filed throughout the country challenging a 2005 agreement between Walmart and Netflix in which the retailer agreed to abandon the on-line DVD rental business and transfer its customers to Netflix, and in turn, Netflix agreed not to sell movies on-line and to refer its customers to Walmart […]