Antitrust Violation – Time-barred

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7^th Circuit Court of Appeals

Case Name: Supreme Auto Transport, LLC, et al. v. Arcelor Mittal USA, Inc., et al.

Case No.: 17-2910

Officials: WOOD, Chief Judge, and KANNE and ROVNER, Circuit Judges.

Focus: Antitrust Violation – Time-barred

This putative class action rests on allegations of a massive antitrust conspiracy within the domestic steel industry. Plaintiffs, indirect purchasers of steel, assert that eight U.S. steel producers colluded to slash output in an effort to drive up the price of steel nationwide. Years after their initial complaint, however, the plaintiffs transformed their theory of liability. The original complaint, filed in 2008, charged that plaintiffs overpaid for steel sheets, rods, and tubing manufactured by the defendants at their steel mills. Eight years later, the plaintiffs amended their complaint, asserting instead that they overpaid for end use consumer goods, such as vehicles, washing machines, and refrigerators, that were manufactured by third parties using steel. This new product definition greatly expanded the potential scope of the class.

The district court dismissed the suit for two reasons. First, it determined that plaintiffs’ amended complaint is time-barred because it redefines “steel products” in a way that gives rise to an entirely different, and exponentially larger, universe of plaintiffs. Second, in the alternative, the court held that the amended complaint does not plausibly plead a causal connection between the alleged antitrust conspiracy and plaintiffs’ own injuries. Plaintiffs now appeal both rulings. We affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.