Valspar Asks 3rd Circ. To Rethink 'Impossible' Price-Fixing Bar

Law360, Washington (October 16, 2017, 8:30 PM EDT) -- Valspar Corp. asked the Third Circuit to rehear en banc its bid to revive a $176 million lawsuit against DuPont, arguing Friday the panel strayed from precedent with a standard that would make it "virtually impossible" for a price-fixing suit against an oligopoly to survive summary judgment.

After a split panel held that 31 parallel titanium dioxide price increases from 2002 to 2013 could not alone support a case because oligopolies — markets largely controlled by a few big players — tend to exhibit such patterns, Valspar said the decision ignored appellate and Supreme Court holdings that circumstantial evidence could make...

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!

TRY LAW360 FREE FOR SEVEN DAYS

Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Subscribers Only

Nature of Suit

Subscribers Only

Judge

Subscribers Only

Date Filed

Subscribers Only

Law Firms

Companies

Government Agencies

Judge Analytics

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?
Beta
Ask a question!