United States First Circuit

In a suit claiming a violation of Sherman Act section 1, 15 U.S.C. section 1, brought by the producer of recycled polystyrene resin for use in 'green foam' products, alleging the five largest converters of polystyrene products through a trade association refused in concert to deal with plaintiff in order to prevent polystyrene recycling from becoming viable and maintain their respective market positions, the District Court's grant of summary judgment to defendants is affirmed where defendant failed to present evidence that tended to exclude the possibility that each polystyrene manufacturer independently chose not to partner with plaintiff as required by Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574 (1986).

Appellate Information

• Published 2016/08/02

Judges

• TORRUELLA

Court

• United States First Circuit

Counsel