Third Circuit Denies Rehearing in DuPont Price-Fixing Case
The Third Circuit on Wednesday denied Valspar Corp.'s request for an en banc rehearing of a decision to toss a $176 million antitrust lawsuit accusing DuPont of conspiring to fix the price of a paint ingredient.
December 07, 2017 at 06:27 PM
3 minute read
The original version of this story was published on Delaware Law Weekly
DuPont headquarters at Chestnut Run Plaza. Photo: Littleinfo via Wikimedia Commons
The U.S. Court of Appeals for the Third Circuit on Wednesday denied Valspar Corp.'s request for an en banc rehearing of a decision to toss a $176 million antitrust lawsuit accusing DuPont of conspiring to fix the price of a paint ingredient.
Judge Thomas Hardiman said in a one-page order that the court declined to revisit a split decision from October affirming a lower court's ruling that Valspar failed to prove the Wilmington-based chemical giant engaged in a scheme with competitors to fix the price of titanium dioxide.
Attorneys for Valspar had petitioned for a rehearing before the whole court, saying the opinion ”eviscerates” antitrust protections by establishing an “unprecedented summary judgment standard for plaintiffs trying to prove a price-fixing conspiracy” in the appeals court.
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