Titanium Dioxide Price Fixing Case to Move Forward

District of Maryland Judge Richard D. Bennett has refused to dismiss a case alleging that DuPont, Huntsman International, Kronos Worldwide Inc., and Millennium Inorganic Chemicals Inc. conspired to increase the price of  titanium dioxide.  Lead plainiff  Haley Paint Co. alleged that the four companies control 70% of the titanium dioxide market and used trade association meetings as cover for their price fixing agreement.  The plaintiff pointed twoard lockstep increases to support its allegations.  The defendants moved to dismiss on the ground that the allegations were insufficient under Twombly to show that the increases were the product of conspiracy rather than independent action.  The court rejected the motion, commenting that “[w]hile the crux of plaintiffs’ complaint centers on parallel price increases implemented by defendants, they allege enough factual allegations, or ‘plus factors,’ to plausibly suggest an agreement in violation of the Sherman Act.”

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