IN RE SULFURIC ACID ANTITRUST LITIGATION

Nos. 12-1109, 12-1224.

703 F.3d 1004 (2012)

In re SULFURIC ACID ANTITRUST LITIGATION. Appeal of Ohio Chemical Services, et al., Plaintiffs, Cross-Appeal of Falconbridge, Ltd., et al., Defendants.

United States Court of Appeals, Seventh Circuit.

Decided December 27, 2012.


Attorney(s) appearing for the Case

Mary Jane Fait , Attorney, Wolf, Haldenstein, Adler, Freeman & Herz, Chicago, IL, Robert J. LaRocca (argued), Attorney, Kohn, Swift & Graf, Philadelphia, PA, for Plaintiffs.

David C. Gustman (argued), Attorney, Freeborn & Peters, LLP, Michael P. Connelly , Attorney, Rock Fusco & Connelly, LLC, Joel G. Chefitz , Attorney, McDermott, Will & Emery, Chicago, IL, Michael Cox , Attorney, Michael Cox Law Firm PLLC, Livonia, MI, for Defendants.

Before POSNER, KANNE, and SYKES, Circuit Judges.


POSNER, Circuit Judge.

This is a class action suit under section 1 of the Sherman Act, 15 U.S.C. § 1, that after certification of the class was dismissed on the merits when shortly before the trial was scheduled to begin the district judge ruled that the case could not go to trial on a theory of per se liability. The plaintiffs could have gone to trial on a theory of liability under the rule of reason, but preferred to appeal the dismissal, hoping we would order...

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