Antitrust Commentary

Matthew S. Wild | Senior Counsel at Levitt & Kaizer

Scrap Metal Dealers Acquitted of Price-Fixing

Published under Antitrust, Criminal, Section 1 (Sherman Act), U.S. Department of Justice (Antitrust Division) by .

In another blow to the Antitrust Division’s criminal section, two scrap metal dealers were acquitted of price-fixing on June 25, 2009.  The jury returned its verdict in less than four hours.  As reported in the November 16 and March 15, 2008 Posts, the Antitrust Division has lost a number of high profile price-fixing trials including in the magazine paper, DRAM and marine hose cartels.  The trials involving the magazine paper and marine hose cartels likewise resulted in quick acquittals with the jury returning not guilty verdicts in both cases in less than two hours.  It should be noted, however, that the class action on behalf of victims of the scrap metal cartel resulted in a $20 million damages verdict, which was affirmed on appeal.  (See May 16, 2008 Post).

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