IN RE FLAT GLASS ANTITRUST LITIGATION (MDL No. 1200); BRIAN S. NELSON, d/b/a Jamestown Glass Service; MEL'S AUTO GLASS, INC.; A. WAXMAN & CO., on behalf of itself, and all others similarly situated; DESIGNER WINDOWS, INC., on behalf of itself and all others similarly situated; MOSES MOORE ALL GLASS ASPECTS, INC., on behalf of itself and all others similarly situated; AAA GLASS, INC., on behalf of itself and all others similarly situated, d/b/a The Glass Doctor; THE LURIE COMPANIES, INC.; VSTB ENTERPRISES, INC., d/b/a Perfecto Auto Glass & Upholstery and its successors; PORT CITY GLASS & MIRROR, INC., on its own behalf and on behalf of all others similarly situated; JOHN HEALY, JR.; COUNTY AUTO GLASS, INC., on behalf of themselves and all others similarly situated; GERARD J. CLABBERS, on behalf of himself and all others similarly situated; KIRSCHNER CORPORATION, INC., t/a Berwyn Glass Company, on behalf of itself and all others similarly situated; HARTUNG AGALITE GLASS CO., d/b/a Hartung Glass Industries; ALL STAR GLASS, INC., on behalf of itself and all others similarly situated; SUPERIOR WINDSHIELD INSTALLATION, INC., on behalf of itself and all others similarly situated; JOVI, INC., on behalf of itself and all others similarly situated, t/a Easton Area Glass; ENGINEERED GLASS WALLS, INC., on behalf of itself and all others similarly situated; BAILES GLASS CO.; INTERSTATE GLASS DISTRIBUTORS, INC., on behalf of itself and all others similarly situated; ORLANDO AUTO TOP, INC.; MAYFLOWER SALES CO., INC., on behalf of itself and all others similarly situated; CARDINAL IG; REED'S BODY SHOP, INC.; BELETZ BROTHERS GLASS COMPANY, INC.; COMPLAST, INC.; WESTERN STATES GLASS, on behalf of itself and all others similarly situated; GRIMES AUTO GLASS, INC.; D&S GLASS SERVICES, INC.; GEORGE BROWN & SON GLASS WORKS, INC.; THERMAL CHEK, INC.; MOBILE GLASS, INC., individually and as a representative of a class; JELD-WEN, INC., an Oregon Corporation; JELD-WEN CANADA LIMITED, a Canadian corporation; JELD-WEN ARIZONA, INC., an Arizona corporation; AVANTI INDUSTRIES, INC., an Arizona corporation; LAKEWOOD CITY GLASS, INC.; CAROLINA MIRROR; ALLSTATE INSURANCE COMPANY; ALLSTATE INDEMNITY COMPANY v. PILKINGTON PLC; PILKINGTON LIBBEY-OWENS-FORD CO., INC.; AFG INDUSTRIES, INC.; GUARDIAN INDUSTRIES CORPORATION; PPG INDUSTRIES, INC.; LIBBEY-OWENS-FORD CO., INC.; ASAHI GLASS CO., LTD.; FORD MOTOR CO.; PILKINGTON HOLDINGS; ASAHI GLASS AMERICA, INC.; UNITED STATES OF AMERICA (Intervenor in D.C.) (D.C. No. 97-mc-00550), Class Plaintiffs and Grimes Auto Glass, Appellants, 385 F.3d 350
Summary
The purchasers alleged that the manufacturer and its competitors conspired to fix, raise, and maintain the prices of the glass. There was evidence that the manufacturer and the other flat glass producers raised their "list prices" for flat glass in such a way as to engaged in horizontal price-fixing. The court of appeals found that the purchasers offered substantial evidence that the manufacturer had a motive to enter into a price fixing conspiracy because conditions existed in the flat glass industry that were conducive to collusion, and was a text book example of an industry susceptible to efforts to maintain supracompetitive prices. A reasonable factfinder could infer such an agreement from a coconspirator's reference to "across the board" price increases, and summary judgment was reversed as to the flat glass industry. The court distinguished the auto glass claim, for which evidence was lacking. The purchasers also challenged a number of evidentiary rulings. The district court ...