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U.S. Supreme Court

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Dow agrees to settlement in antitrust class action

February 25, 2016

The motion was withdrawn by both parties. The Supreme Court granted petitioner and respondents’ joint motion to hold the cert. petition in abeyance.

U.S. Chamber urges U.S. Supreme Court to review antitrust class action

April 09, 2015

The U.S. Chamber, with a coalition of four other trade associations, filed a brief supporting a petition for a writ of certiorari filed by the Dow Chemical Company. The coalition amicus brief argues that the Tenth Circuit’s approval of a certified class of purchasers of polyurethane products violated Dow’s due process right to present every available defense. Because purchase prices for these products are individually negotiated, the coalition explained it is impossible to show on a class-wide basis that any price increase was attributable to a price-fixing conspiracy.

The Chamber filed this brief jointly with the National Association of Manufacturers, American Tort Reform Association, National Council of Farmer Cooperatives, and Business Roundtable.

Steffen N. Johnson, Robert F. Ryak, and Tyler G. Johannes of Winston & Strawn LLP served as co-counsel to the amici with the U.S. Chamber Litigation Center.

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