Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Auto dealers sue power window switch makers for price fixing conspiracy, (Aug 4, 2016)

By Greg Hammond, J.D.

Various manufacturers of automotive power window switches allegedly conspired to fix prices for those automotive parts, in violation of the Sherman Act and various state antitrust and consumer protection laws, according to a complaint filed by dealerships in the federal district court in Detroit (Lee Oldsmobile-Cadillac, Inc. v. Toyo Denso Co. Ltd., August 2, 2016).

The dealerships—including Lee Oldsmobile-Cadillac, Inc., Ancona Enterprise, Inc., Bill Pearce Honda, Shearer Automotive Enterprises III, Inc., and Dave Heather Corp.—claim that manufacturers Toyo Denso Co. Ltd., Weastec, Inc., and Omron Automotive Electronics Co., Ltd. engaged in a long-running conspiracy to unlawfully fix, artificially raise, maintain and/or stabilize prices, rig bids for, and allocate the market and customers in the United States for power window switches. As a result of this alleged conspiracy, the dealership plaintiffs claim that they paid artificially inflated prices for power window switches and have thereby suffered antitrust injury to their business or property.

Bringing the suit as a class action, the dealership plaintiffs seek to represent: all automobile dealerships that, from January 1, 2003, through the execution date, purchased for resale a new Honda Vehicle in the United States that included one or more power window switches as a component part or indirectly purchased one or more power window switches as a replacement part, which were manufactured or sold by a defendant, any current or former subsidiary of a defendant, or any co-conspirator of a defendant.

The manufacturers, through their alleged conspiracy to fix prices for power window switches, purportedly violated the Sherman Act and the antitrust laws of 23 states and engaged in unfair and deceptive trade practices under the laws of seven states. The complaint seeks damages and treble damages; restitution and/or disgorgement of profits unlawfully gained; a permanent injunction, prohibiting the defendants from continuing or renewing the alleged conspiracy or conduct, or from entering into any new conspiracy with a similar purpose or effect; pre- and post-judgment interest; and costs of suit, including reasonable attorney fees.

Attorneys: Gerard V. Mantese (Mantese Honigman Rossman and Williamson, P.C.), Jonathan W. Cuneo (Cuneo Gilbert & LaDuca, LLP), Don Barrett (Barrett Law Group, P.A.), and Shawn M. Raiter (Larson King, LLP) for plaintiffs.

Companies: Lee Oldsmobile-Cadillac, Inc.; Ancona Enterprise, Inc.; Bill Pearce Honda; Shearer Automotive Enterprises III, Inc.; Dave Heather Corp.; Toyo Denso Co. Ltd.; Weastec, Inc.; Omron Automotive Electronics Co., Ltd.

News: Antitrust MichiganNews