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Federal Judge Dismisses Antitrust Suit Against Sumitomo Corporation of America
Practices
Yesterday, Paul, Weiss obtained a victory on behalf of Sumitomo Corporation of America (SCOA) in the District of New Jersey. Judge Dickinson R. Debevoise granted SCOA's motion to dismiss a lawsuit alleging that SCOA conspired to fix the price of magnesium oxide (MgO) in the United States in violation of Section 1 of the Sherman Act.
Because plaintiffs, direct purchasers of MgO, made only one non-conclusory allegation in their complaint -- about a meeting in 2004 -- the court held that their claims, which were brought in 2010, were time-barred. The court rejected plaintiffs' argument that the defendants had fraudulently concealed the conspiracy, holding that plaintiffs had failed to plead the elements of fraudulent concealment with the necessary particularity.
The court also dismissed virtually all of the claims in a related suit brought by indirect purchasers of MgO. Those purchasers alleged that SCOA had conspired to fix MgO prices in violation of the Sherman Act, the antitrust laws of 25 states, and the consumer protection and unfair competition laws of 10 states. With three exceptions, the court held that the indirect purchasers lacked standing and/or that their claims were time-barred. The court did allow a claim of unfair competition under California law to proceed, and it allowed similar claims under Florida and Hawaii law, to the extent the claims are not premised upon fraudulent conduct.
The Paul, Weiss team included litigation partner Aidan Synnott (who argued the motion) and counsel Daniel A. Crane.