3rd Circ. Rejects Redo Of DuPont $176M Price-Fixing Claims

Law360, New York (December 6, 2017, 10:28 PM EST) -- The Third Circuit Tuesday declined Valspar Corp.'s motion rehear a $176 million lawsuit accusing DuPont of chemical price fixing.

The court declined Valspar's motion for an en banc rehearing of a split-panel decision in October that E.I. du Pont de Nemours and Co. had engaged in a conspiracy with others in the market to fix the price of titanium dioxide.

Valspar filed its suit in 2013, alleging DuPont used public announcements of price hikes to coordinate a conspiracy to keep titanium dioxide prices about 16 percent above where they would otherwise be, noting that competitors would raise their prices within days...

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