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In re New Motor Vehicles Canadian Export Antitrust Litigation

Lessees of new cars were indirect purchasers who lacked standing under � 4 of Clayton Act to allege manufacturers' conspiracy to restrict flow of cheaper Canadian autos into U.S. market, when dollar enjoyed favorable exchange rate, resulting in artificially high rental payments under U.S. lease agreements.

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Before. Lynch, Chief Judge, Cudahy, *fn1 Senior Circuit Judge, and Torruella, Circuit Judge.

Plaintiffs, lessees of new cars produced by defendant manufacturers, appeal the dismissal of their putative class action lawsuit in which they seek antitrust damages under section 1 of the Sherman Act, 15 U.S.C. § 1, and section 4 of the Clayton Act, 15 U.S.C. § 15. See In re New Motor Vehicles Canadian Exp. Antitrust Litig. (Motor Vehicles II), 490 F. Supp. 2d 13 (D. Me. 2007). Plaintiffs allege that defendant manufacturers conspired to restrict the flow of cheaper Canadian cars into the U.S. market (when the U.S. dollar enjoyed a favorable exchange rate), resulting in artificially high rental payments under plaintiffs’ lease agreements in the United States. Because plaintiffs are indirect purchasers, they lack standing to sue under section 4 of the Clayton Act and their suit was correctly dismissed under the rule of Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977), and Kansas v. UtiliCorp United, Inc., 497 U.S. 199 (1990).

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