Fly Ash Marketer’s Sherman Act, R-P Act Claims Against Rival Fail

A chagrined fly ash marketer is unable to sustain claims that a rival violated both the Sherman and Robinson-Patman Acts in bidding for an exclusive marketing agreement and subsequently raising fly ash prices, according to a Sept. 11 decision by the U.S. District Court for the Middle District of Louisiana (Big River Industries, Inc. v. Headwaters Resources, Inc., M.D. La., 3:13-cv-00212-JJB-RLB, 9/11/13).

Challenged Conduct.

Big River Industries, Inc. (BRI) brought suit against Headwaters Resources, Inc. for alleged violations of the Sherman Act, 15 U.S.C. §1 and §2, the Robinson-Patman Act (RPA), 15 U.S.C. §13, ...