United States Second Circuit

In an antitrust class action alleging a conspiracy to fix prices of "publication paper," a type of paper used in preparing printed material of various types, in violation of section1 of the Sherman Act, the judgment of the district court is affirmed in part, vacated in part and remanded where: 1) the district court erred in granting summary judgment to Stora Enso North America Corporation because a jury could reasonably find that it reached an unlawful agreement to raise the price of publication paper and that this agreement injured plaintiffs; but 2) the district court properly granted summary judgment to Stora Enso Oyj because plaintiffs failed to offer sufficient evidence from which a jury could reasonably conclude that it had any direct involvement in decisions regarding the marketing, sale, or pricing of publication paper in the U.S.

Appellate Information

• Decided 08/06/2012
• Published 08/06/2012

Judges

• Carney

Court

• United States Second Circuit

Counsel