Carbon Fiber Price Fixing Suit Is Allowed To Proceed

In Hexcel Corp. v. Ineos Polymers Inc., Central District of California Judge Mariana Pfaelzer denied carbon fiber manufacturer Ineo Polymers Inc.’s motion to dismiss a price-fixing suit brought by rival Hexcel Corp., rejecting Ineos’ claims that Hexcel lacked standing to bring the suit and that Hexcel’s claims were time-barred. The court held that although the standing issue in this case is a novel issue for the court, no authority holds that a direct purchaser like Hexcel is not prohibited from recovering overcharges, even if it competed in the same price-fixed marked in which it bought. The court further held that Hexcel’s suit could not be dismissed based on Ineos’ assertions that its rival’s claims were barred by the statute of limitations because although the company filed suit a mere 10 days after the time limit would have worn out, the suit should not be dismissed at this stage.

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