In U.S. v. Hsu, Northern District of California Judge Richard Seeborg, denied a motion brought by defendants Eagle Eyes, E-Lite Automotive, Inc., and two top Eagle Eyes’ executives, to dismiss an indictment against them for conspiring to fix prices for replacement vehicle lights. According to the indictment, defendants participated in the conspiracy to set rates […]
Category Archives: Standard for Alleging Conspiracy
Copper Tubing Cartel Action to Move Forward
March 19, 2012 – 3:16 pm
In Carrier Corporation et al. v. Outokumpu Oyj et al., the Sixth Circuit Court of Appeals reinstated a suit filed by an air conditioner and refrigeration company, Carrier Corporation, accusing copper tubing manufacturer, Outokumpu Oyj, of engaging in a long-running conspiracy to strangle the U.S. market for “ACR” copper tubes. The Sixth Circuit held that […]
Pleading Standards Do Not Require Identification of Lost Profits or Injured Competitors, Ohio Court Rules
March 2, 2012 – 3:42 pm
Northern District of Ohio federal judge John Adams denied Checkpoint Systems Inc. motion to dismiss Universal Surveillance Systems’ complaint because the allegations adequately alleged that the defendant’s anti-competitive behavior drove up prices for security tags. Checkpoint, a leading supplier of security labels, argued that the Twombly pleading standards require plaintiffs to specifically identify the lost […]
Tractor Price Discrimination Suit Fails
July 7, 2011 – 5:30 pm
The Sixth Circuit has heldthat the plaintiff’s failure to specifically plead facts of price discrimination was fatal to New Albany Tractor Inc.’s complaint against Louisville Tractor Inc. and Metalcraft of Mayville Inc. over mowing equipment. The Court cited the U.S. Supreme Court’s Twombly and Iqbaldecisions for the proposition that a plaintiff could not use the discovery process to obtain the […]
Sixth Circuit Reinstates Claims for Continuing Conspiracy in Restraint of Carpet Trade
July 1, 2011 – 1:16 pm
The Sixth Circuit revived an antitrust suit brought by Tennessee carpet dealer Watson Carpet & Floor Covering Inc. alleging rival dealer Carpet Den Inc. and supplier Mohawk Industries Inc. have conspired for more than a decade to force Watson out of business. The appeals court reversed the lower court’s ruling that Watson Carpet had failed […]
Welder Conspiracy Case to Move Forward
June 1, 2011 – 10:09 am
District of Washington Judge Lonny Suko refused to dismiss a conspiracy claim brought by ARC against AMH. ARC alleges that AMH made false statements about ARC, emailing more than dozen of its customers and falsely telling reporting that ARC had gone out of business. The email also asked the customers to loan AMH one of ARC’s welders, and a few months later, AMH announced at […]
Titanium Dioxide Price Fixing Case to Move Forward
May 31, 2011 – 2:28 pm
District of Maryland Judge Richard D. Bennett has refused to dismiss a case alleging that DuPont, Huntsman International, Kronos Worldwide Inc., and Millennium Inorganic Chemicals Inc. conspired to increase the price of titanium dioxide. Lead plainiff Haley Paint Co. alleged that the four companies control 70% of the titanium dioxide market and used trade association meetings as cover for their price […]
Credit Card Foreign Purchase Fee Conspiracy Case Against AmEx to Move Forward
May 31, 2011 – 2:16 pm
Southern District of New York Judge William H. Pauley III denied AmEx’s motion for summary judgment in a case alleging that American Express (1) conspired with banks to increase foreign transaction fees for using the cards to purchase items priced in foreign currencies and (2) imposed improper arbitration clauses in its cardholder contracts. AmEx argued that the […]
California Auto Insurer Parts Conspiracy Case to Move Forward
May 31, 2011 – 1:53 pm
Northern District of California Judge James Ware refused to dismiss a putative class action alleging that California auto insurers violated the Cartwright Act, California’s antitrust statute, by conspiring to require auto repair shops to use inferior replacement parts. The case had been twice dismissed and then revived by the 9th Circuit on standing and insurance […]
Text Messaging Case to Move Forward
May 22, 2011 – 6:51 pm
The Seventh Circuit in an interlocutory appeal written by Judge Richard Posner upheld the district judges decision in a multi-district litigation to allow an antitrust claim to move forward. The claim alleges a conspiracy among the largest cell phone providers to restrain competition with respect to text messages. Although the complaint did not allege direct […]