In Sun Microsystems Inc. v. Hynx Semiconductor Inc. et al., Northern District of California Judge Phyllis J. Hamilton denied defendants’ motion for summary judgment, allowing the case of price manipulation of dynamic random access memory to go forward on the plaintiff’s Sherman Act claims. In their summary judgment motion defendants argued that plaintiff did not show that Hynx’s […]
Category Archives: Standard for Alleging Conspiracy
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. […]
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 […]
Freight Transport Price Fixing Case Dismissed
February 3, 2009 – 12:06 pm
Judge William Duffey, Northern District of Georgia, dismissed an antitrust complaint under Twombly for failing to sufficiently allege concerted activity among a group of freight transportation carriers. The court argued that allegations that merely allow one to imagine that a “conspiracy may have occurred” were insufficient because “imagination is not enough.” More specifically, the court […]
Court Dismisses Proposed Class Action Against Chinese Magnesite Exporters
January 12, 2009 – 4:48 pm
Judge Garret Brown, US District Court for the District of NJ, dismissed price fixing allegations on the ground that the complaint failed to adequately allege a conspiracy or the requisite direct effect on the US market under the Foreign Trade Antitrust Improvements Act. The court left open the possibility of an amendment.
Class Action Filed Against Grocery Wholesalers
January 6, 2009 – 4:39 pm
Seeking to represent a class of grocers, D&G Inc. has sued Supervalue, Inc. and C&S Wholesale Grocers alleging an agreement to divide customers and territories to the detriment of retail grocers in response to C&S’s plans to enter the Wisconsin market and compete with Supervalue. The case, D&G Inc. v. Supervalue, Inc. has been filed in the […]
Aluminum Conspiracy to Go to Trial
January 4, 2009 – 3:47 pm
In Champagne Metals v. Ken-Mac Metals, Judge Joe Heaton, US District Court for the Western District of Oklahoma, has found that the plaintiffs have presented sufficient evidence of a conspiracy among aluminum suppliers and mills to justify use of the co-conspiratory hearsay exception. The case alleges that the nations largest aluminum distributors conspired to pressure […]
New Mexico Appellate Court Reinstates Price Fixing Claim Against Some Tobacco Companies
November 23, 2008 – 7:53 pm
A New Mexico appellate court in Romero v. Philip Morris, et al. reversed a summary judgment ruling in favor of tobacco companies, reinstating a price fixing claim. Relying on the plaintiffs’ expert, the court held that the allegations were sufficient to support a conspiracy claim. The plaintiffs alleged that that tobacco companies altered the pricing policies in […]