Berkshire Co. Didn't Cross Anti-Competitive Line, Judge Says

By Bryan Koenig (April 26, 2022, 7:25 PM EDT) -- Aggressive efforts to protect market share aren't anti-competitive on their own, a Colorado federal judge said Tuesday, tossing a lawsuit accusing a Berkshire Hathaway-owned construction supplier of illegally coercing distributors to continue solely buying its insulation after a single competitor challenged its monopoly over industrial-grade insulation.

U.S. Magistrate Judge Michael E. Hegarty granted Berkshire's Johns Manville Corp. summary judgment against all claims from Chase Manufacturing Inc., which operates as Thermal Pipe Shields.

The judge found "few instances of concrete threats" to actually cut off distributors "and little, if any, harm," rejected allegedly exclusive deals via rebates as "permissible price competition," and...

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