MWA Successful in Overturning Court’s Dismissal in Eastman Kodak Antitrust Suit
On Tuesday, August 27, 2019, the Second Circuit revived an antitrust suit, initially dismissed in 2016, filed by Eastman Kodak and other aluminum buyers who accused the defendants, financial companies and warehousers, of manipulating the aluminum’s price. The district court originally ruled the buyers couldn’t sue for anti-competitive conduct involving the warehousing of aluminum, since the plaintiffs didn’t operate within the warehouse market. The plaintiffs are manufacturers who primarily use aluminum in the creation of their products and buy the metal for their needs mostly through long-term contracts with aluminum producers.
Eastman Kodak and other plaintiffs filed an appeal, again accusing the financial companies of increasing the prices they eventually paid for the aluminum. The defendants allegedly conspired to falsely inflate prices in anticipation of future price increases following the 2008 market collapse.
Once Dismissed, Now Overturned
Our firm’s success led to the overturning of the trial court’s order dismissing their client, Eastman Kodak’s, case against the multiple defendants manipulating the aluminum market. As a result of these manipulations, Eastman Kodak was required to pay substantially more for the aluminum used in their products, but with the help of our legal representation, the case can proceed to trial to recoup the client’s damages.
MWA was mentioned in Law360's Weekly Verdict: Legal Lions & Lambs. Click here to read the article.
Our Antitrust Violation Attorneys
As a leading complex litigation and consumer protection law firm, McCune Wright Arevalo, LLP is well-positioned to advocate for our clients’ fair treatment in the increasingly complex consumer and commercial marketplace. In every action we pursue, we work to reduce the litigation burdens on our clients in order to reduce delay and expense.
If you suspect that you or your business have been unfairly injured by another party’s potentially illegal antitrust practices, do not hesitate to call our antitrust team at (909) 345-8110 to schedule a free case evaluation. Or visit McCune Wright Arevalo, LLP online to learn more.