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Holder v. Haarmann & Reimer Corporation

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Appeal from the Superior Court of the District of Columbia (Hon. Gregory E. Mize, Trial Judge)

Argued June 18, 2001

David W. Holder appeals from a trial court order dismissing for lack of personal jurisdiction a class action brought by Holder against Haarmann & Reimer Corporation (H & R) under the District’s Antitrust Act of 1980, D.C. Code �� 28-4501 et seq. (1996 & Supp. 2000). On appeal, Holder contends that H & R transacts business in the District and that, contrary to the trial judge’s finding, H & R is therefore amenable to suit in the Superior Court. Holder bases his jurisdictional theory solely on the following asserted contacts between H & R and the District: H & R conspired with other manufacturers, outside the District, to fix the price of citric acid; H & R then sold citric acid at an artificially inflated price to manufacturers outside the District; the manufacturers integrated the citric acid into various end products; the manufacturers then sold the end products directly or indirectly to retailers; the retailers subsequently sold the end products to consumers throughout the country; an unknown number of these consumers purchased, in the District, end products, some unknown quantity of which was alleged to have contained citric acid manufactured by H & R. According to Holder, these asserted contacts constitute transacting business in the District of Columbia within the meaning of our long-arm statute, D.C. Code � 13-423 (a)(1) (1995 & 2001).

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