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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Subscribers Only

Nature of Suit

Subscribers Only


Subscribers Only

Date Filed

Subscribers Only

Law Firms


Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!