Volume 43, Issue 4 - April 2008

Legislation & Legal

Plaintiffs Move to Consolidate Price-Fixing Suits

The plaintiffs in a class-action price-fixing suit have filed a motion requesting that all pending and later-filed anti-trust actions relating to a conspiracy to fix prices in the flat glass market be consolidated in the U.S. District Court for the Eastern District of Pennsylvania. The motion was filed by counsel for Draper’s Auto Glass, Jackson Glass Co. Inc. and Colonial Glass Solutions in the U.S. District Court for the Eastern District of Pennsylvania in February before the Judicial Panel on Multidistrict Litigation (see February 2008 USGlass, page 30, for related story). 

The plaintiffs claim that the Pennsylvania court is the most appropriate forum for coordination and consolidation of the actions as three of the pending cases were filed there, and the suit filed by Draper et al was the first of all the cases filed. Likewise, they argue that because one of the defendants, PPG Industries Inc., is located in close proximity to the court, it is a “locus of witnesses and relevant evidence.”

Finally, the claimants allege that this action is sensible as several of the defendants, which include Nippon Sheet Glass, Saint-Gobain, Asahi Glass Co. and Guardian Industries, have international offices, Philadelphia is a central location with an international airport, making it convenient for all parties.

On February 21, the plaintiffs voluntarily dismissed Pilkington plc from the case, which originally was filed in early December.

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