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ZF MERITOR, LLC v. EATON CORP.

Nos. 11-3301, 11-3426.

696 F.3d 254 (2012)

ZF MERITOR, LLC; Meritor Transmission Corporation, Appellants, No. 11-3426, v. EATON CORPORATION, Appellant, No. 11-3301.

United States Court of Appeals, Third Circuit.

Filed: September 28, 2012.

Attorney(s) appearing for the Case

Caeli A. Higney , Thomas G. Hungar , Theodore B. Olson (Argued), Cynthia E. Richman , Geoffrey C. Weien , Gibson, Dunn & Crutcher, Erik T. Koons , William K. Lavery , Joseph A. Ostoyich , Baker Botts , Washington, DC, Donald E. Reid , Morris, Nichols, Arsht & Tunnell, Wilmington, DE, Counsel for Eaton Corporation.

Jay N. Fastow (Argued), Dickstein Shapiro , New York, NY, Robert B. Holcomb , Adams Holcomb , Washington, DC, Christopher H. Wood , Denver, CO, Counsel for ZF Meritor, LLC and Meritor Transmission Corp.

Michael S. Tarringer , Cafferty Faucher , Philadelphia, PA, Counsel for American Antitrust Institute.

Before: FISHER and GREENBERG, Circuit Judges, and OLIVER, District Judge.

OPINION OF THE COURT

FISHER, Circuit Judge.

This case arises from an antitrust action brought by ZF Meritor, LLC ("ZF Meritor") and Meritor Transmission Corporation ("Meritor") (collectively, "Plaintiffs") against Eaton Corporation ("Eaton") for allegedly anticompetitive practices in the heavy-duty truck transmissions market. The practices at issue are embodied in long-term agreements between Eaton, the leading...

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