Recycler’s Antitrust Suit Against Disposable Food Container Giants Is Dismissed

In Evergreen Partnering Group, Inc. et al. v, Pactiv Corp. et al., Massachusetts District Court Judge Richard G. Stearns, dismissed with prejudice Evergreen Partnering Group, Inc.’s antitrust suit against Solo Cup Co. and other disposable food container giants.  The court found that Evergreen had not provided any details to support its claims of conspiracy against the defendants, including any details of how they had communicated with each other or exactly what they had said to deter each other from teaming up with Evergreen.  The court further held that “Evergreen, as a putative supplier of recycled resin, did not compete against the producer defendants, but instead sought to partner with them in establishing a business model highly beneficial to Evergreen as the designated exclusive supplier.  Thus, it is unclear how defendants’ sometime refusal to deal with Evergreen could have had an anti-competitive effect on the market.”

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