Restitution Discussion Group Archives
| Sender: |
Doug Rendleman |
| Date: |
Mon, 20 Dec 2004 11:12:15 -0500 |
| Re: |
Restitution and antitrust |
United States Federal district Judge Brock Hornby, who
is also an advisor to the ongoing restatement of restitution, just issued
an antitrust-restitution decision. In re New Motor Vehicles, Canadian
Export, 2004 WL 2809891 (Maine).
Car buyers sued claiming that the defendant companies
and dealers' associations had conspired to exclude less-expensive Canadian
vehicles (Note that point, Neighbors to the North) from the United States.
The plaintiffs claimed that defendants violated state antitrust statutes,
state consumer protection statutes, and common law restitution.
Judge Hornby's well-researched and careful decision
on defendants' motion to dismiss is complex because the state statutes
vary. His decision on restitution, West headnotes [49]-[52], based on
indirect-purchaser liability, is to grant the defendants' motion in part
and deny it in part. So we can stay tuned.
If this reaches someone who majors in both antitrust
and remedies-restitution, I will be interested in learning what he or
she thinks.
Happy holidays
Doug Rendleman
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