In In re: Publication Paper Antitrust Litigation, the Second Circuit held that a reasonable jury could find that FStora Enso OYJ North American affiliate conspired to fix the price of coated paper used in magazines and other printed material. The court thus overturned Judge Stefan R. Underhill grant of summary judgment in favor of the defendant in multidistrict litigation.
The direct purchasers of coated paper, the Second Circuit recognized, have presented enough evidence to enable a jury to find conspiratorial activity in 2002 and 2003 in the form of concerted increased list prices on certain types of the paper that “mirrored each other in amount and occurred in close succession.” “A jury could reasonably find,” the Court concluded, “that [competing coated paper producers agreed] to raise the price of publication paper, and that, as implemented, this agreement damaged plaintiffs.”
The case follows on a DOJ investigation that led to criminal charges, but no convictions.
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