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...

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