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U.S. Third Circuit Sets a High Bar for Price-Fixing Claims

Peter Huston et al., Sidley Austin Antitrust Update, November 9, 2017

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The U.S. Third Circuit Court of Appeals recently held that evidence of parallel price increases and other circumstantial evidence was insufficient to show a price-fixing conspiracy, but rather indicated legal “conscious parallelism” by competitors. In Valspar Corp. v. E. I. Du Pont De Nemours & Co., No. 16-1345, the court ruled that evidence of parallel price increases in oligopolistic markets is insufficient on its own to establish a price-fixing conspiracy.

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