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Expert Analysis

8th Circ. Antitrust Limitations Ruling Reveals Circuit Split

Law360, New York (September 7, 2016, 4:03 PM EDT) -- On Aug. 25, 2016, in a 2-1 decision, the Eighth Circuit ruled that the statute of limitations required dismissal of a price-fixing suit, rejecting the plaintiffs' argument that the statutory period started running again each time the defendants undertook a sale pursuant to their price-fixing conspiracy. In re: Pre-Filled Propane Tank Antitrust Litigation, No. 15-2789 (8th Cir. Aug. 25, 2016) (Propane). While the majority and dissenting opinions purported to interpret the case law on continuing antitrust violations differently, their differing views also reflect a split in the circuits that may ultimately require U.S. Supreme Court resolution....

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