Florida Concrete Companies Denied Motion to Dismiss

Southern District of Florida Judge Cecilia M. Altonaga denied a motion to dismiss indirect purchasers from a class action price-fixing suit against several Florida cement companies.  The complaint alleged that cement companies conspired as early as February 2008 to keep prices high in Florida.  The indirect purchasers survived the motion to dismiss because at least one plaintiff had standing, and therefore the court held it has subject matter jurisdiction.  The court remarked that if it turns out the indirect purchasers have not been injured by the alleged conspiracy then their claims will fail on the merits.

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