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CIARDI v. F. HOFFMANN-LA ROCHE, LTD

436 Mass. 53 (2002)

VALERIE CIARDI v. F. HOFFMANN-LA ROCHE, LTD., & others.

Supreme Judicial Court of Massachusetts, Middlesex.

February 8, 2002.

Attorney(s) appearing for the Case

Charles Fried (Michelle D. Miller with him) for F. Hoffman-La Roche, Ltd., & others.

Edward D. Rapacki (Fredric L. Ellis & Joseph M. Makalusky with him) for the plaintiff.

Joseph F. Ryan, for Lonza A.G. & another, was present but did not argue.

Neil P. Motenko, for Chinook Group, Inc., & another, was present but did not argue.

The following submitted briefs for amici curiae:

Paul E. Nemser, James C. Rehnquist, & Jaren D. Wilcoxson for Microsoft Corporation.

Loretta M. Smith for New England Legal Foundation.

Thomas F. Reilly, Attorney General, & Judith Whiting, Assistant Attorney General, for the Commonwealth.

Stuart T. Rossman for National Consumer Law Center.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

SPINA, J.

The plaintiff, an indirect purchaser3 of vitamin products manufactured and distributed by the defendants,4 brought this action for injunctive relief and damages arising from a price-fixing conspiracy among the defendants.5 Her complaint alleged coercive civil conspiracy (count I) and unfair or deceptive acts or practices in violation of G. L. c. 93A (count II). Each defendant...

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