Berkshire Construction Co. Can't Nix Insulation Monopoly Suit

Law360 (March 24, 2020, 8:56 PM EDT) -- A Colorado federal judge declined to toss renewed allegations that a Berkshire Hathaway-owned construction company made illegal attempts to maintain its dominance of the industrial-grade insulation market, rejecting the firm's argument that the amended complaint failed to redress the defects in the original suit.

U.S. Magistrate Judge Michael E. Hegarty ruled Monday that Chase Manufacturing Inc., which operates as Thermal Pipe Shields, has plausibly alleged a pattern of anti-competitive conduct by Berkshire's Johns Manville Corp., including deliberately threatening customers, disparaging the competitor's products to suppress competition and impeding its ability to compete in the market.

When Judge Hegarty dismissed the original complaint,...

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