Conergy Antitrust, Contract Claims Survive Dismissal

Law360, New York (August 14, 2009, 4:27 PM EDT) -- A federal judge has allowed German solar power company Conergy AG to proceed with federal antitrust and breach of contract claims against MEMC Electronic Materials Inc., the supplier of its solar wafers.

Judge Shira A. Scheindlin of the U.S. District Court for the Southern District of New York on Thursday denied MEMC's bid to dismiss those claims but agreed to toss a claim Conergy brought under New York's Donnelly Act.

The judge ruled that the Sherman Act preempted the state claim because the current allegations deal...
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