3 Tips For Understanding Price‐Fixing Conspiracy Liability

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Law360, New York (October 09, 2013, 6:23 PM ET) ‐‐ Consider this scenario: In the wake of government indictments against participants of a long‐running global conspiracy, purchasers of the price‐fixed product bring a class action against all indicted manufacturers. Among these defendants is Company A, who, years after the conspiracy initially began, joined the unlawful cartel. In addition, Company A attempted to withdraw from the conspiracy before it ended. While Company A never formally voiced its withdrawal to its fellow co‐conspirators, it stopped responding to conspiratorial communications and recommenced competitively pricing its products.

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