The US Court of Appeals for the Third Circuit issues a decision holding that purchasers have standing to seek damages from suppliers accused of price-fixing (Processed Egg Products)

Last week, in In re: Processed Egg Products Antitrust Litigation, the U.S. Court of Appeals for the Third Circuit issued a decision holding that purchasers of processed egg products have standing to seek damages from egg suppliers accused of price-fixing in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. The decision is notable because it concerns a novel issue: May purchasers recover damages for purchases of products that include inputs from both defendant suppliers who conspired to fix the price of the inputs and nonparty suppliers who did not conspire to fix the price of the inputs? The case involved a purported conspiracy among egg suppliers to reduce the supply of eggs. Defendants, who were vertically integrated to varying degrees, sold both shell eggs and egg products

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Skadden, Arps, Slate, Meagher & Flom (New York)

Quotation

Tara L. Reinhart, Matthew Martino, Paul M.  Eckles, The US Court of Appeals for the Third Circuit issues a decision holding that purchasers have standing to seek damages from suppliers accused of price-fixing (Processed Egg Products), 22 January 2018, e-Competitions Bulletin US Private Enforcement, Art. N° 86348

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