The US Court of Appeals for the Seventh Circuit upholds dismissal of a class action against containerboard manufacturers for conspiring to increase prices and reduce output (Kleen Products / Georgia‐Pacific / West Rock CP)

Seventh Circuit Identifies Difficulties in Challenging* In a decision pondering the adequacy of the Sherman Act to protect consumers from consciously parallel conduct among oligopolists, the U.S. Court of Appeals in Chicago upheld dismissal of a class action against containerboard manufacturers for conspiring to increase prices and reduce output between 2004 and 2010. Although the complaining direct purchasers offered bountiful circumstantial evidence of a conspiracy, they did not produce “evidence that would rule out the hypothesis that the defendants were engaged in self-interested but lawful oligopolistic behavior.” Thus, summary

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  • Wolters Kluwer (Riverwoods)

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Jeffrey May, The US Court of Appeals for the Seventh Circuit upholds dismissal of a class action against containerboard manufacturers for conspiring to increase prices and reduce output (Kleen Products / Georgia‐Pacific / West Rock CP), 7 December 2018, e-Competitions Bulletin December 2018, Art. N° 88757

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