Just several months prior to trial, the manufacturer hired Hall Maines Lugrin to evaluate the antitrust claims and serve as lead counsel in the lawsuit. Prior to our involvement, there had been extensive document production and numerous depositions. We worked closely and productively with the client’s prior counsel to effectively and efficiently digest the extensive discovery that had occurred prior to our involvement. Following a two-week trial, the jury awarded damages in favor of our client and rejected all of the buyer’s remaining counterclaims and defenses, including the price discrimination claims. Working collaboratively and efficiently with prior counsel, and our ability to condense and simplify an enormous amount of information when preparing for trial were the keys to the successful result in this case.
Breach of Contract Claim Turns into Antitrust and UCC Verdict for Petrochemical Manufacturer
Initially represented by a different law firm, a world-scale petrochemical manufacturer and supplier filed a breach of contract claim against one of its customers, who was in the plastic fabrication business. In response, the customer asserted counterclaims for price discrimination under the Robinson-Patman Act and violations of the Uniform Commercial Code’s duty of good faith. The antitrust claims challenged the manufacturer’s ability to permit volume discounts. The UCC claim was based on the contention that the manufacturer acted in bad faith by setting commercially unreasonable and discriminatory prices for polystyrene.