United States Fourth Circuit

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SD3, LLC v. Black & Decker (U.S.) Inc., 14-1746

In a suit under Section 1 of the Sherman Act, 15 U.S.C. section 1, alleging that several major table-saw manufacturers conspired to boycott plaintiff's safety technology and corrupt a private safety-standard-setting process, all with the aim of keeping that technology off the market, the district court's dismissal of the amended complaint, based on its belief that plaintiff had failed to plead facts establishing an unlawful agreement, is: 1) affirmed as to claims concerning standard-setting, where the complaint does not plausibly alleges any conspiracy to manipulate safety standards, and fails to allege any facts against several defendants; but 2) vacated as to remaining defendants where plaintiff has alleged enough to suggest a plausible agreement to engage in a group boycott.

Appellate Information

  • Decided 09/15/2015
  • Published 09/15/2015

Judges

  • AGEE

Court

  • United States Fourth Circuit

Counsel

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