Law360, Philadelphia (October 3, 2017, 1:19 PM EDT) -- The Third Circuit declined to revive Valspar Corp.'s $176 million lawsuit accusing DuPont of conspiring to fix the price of titanium dioxide in a published opinion unsealed Monday, dealing a blow to plaintiffs reliant on circumstantial evidence to prove price fixing.
In a split decision, the appeals court concluded that Valspar failed to demonstrate that DuPont had conspired with others in the marketplace to inflate the price of the chemical, noting that proof of parallel behavior — in this case, 31 parallel price increases between 2002 and 2013 — alone was insufficient.
The majority found that because oligopolies — markets controlled by...
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