Third Circuit seeks more from plaintiffs in price-fixing class actions

By Leah Nylen. Published 3 October 2017.

In Brief

Four years ago, a Maryland federal judge found enough evidence that manufacturers including DuPont, Huntsman and Kronos conspired to fix prices on the paint pigment titanium dioxide that a class action could go to trial. This month, an appeals court unsealed a Sept. 14 ruling holding 2-1 that paint and coatings maker Valspar couldn't pursue its own case against the titanium dioxide manufacturers, using the exact same evidence. In throwing out Valspar's case, the US Court of Appeals for the Third Circuit appears to have set a higher standard for plaintiffs in antitrust cases where there is only indirect evidence of price-fixing.

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