Ferrellgas, AmeriGas Douse Propane Tank Antitrust Claims

Ferrellgas LP and AmeriGas Propane Inc. win an appellate decision affirming of buyers of pre-filled propane tanks waited too long to file their price fixing suit (In re: Pre -Filled Propane Tank Antitrust Litigation, 2016 BL 276704, 8th Cir., No. 15-2789, 8/25/16).

Judge Bobby E. Shepherd, joined by Judge Roger L. Wollman, affirmed a lower court’s dismissal of the suit. Judge Duane Benton dissenting, saying the plaintiffs’ claims should be found timely because the conduct constituted a “continuing violation” of antitrust law, in which the statute of limitations restarts with each sale at a cartel price.

The district ...