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IN RE AUTOMOTIVE PARTS ANTITRUST LITIGATION

No. 19-1150.

951 F.3d 377 (2020)

IN RE: AUTOMOTIVE PARTS ANTITRUST LITIGATION. VIP, Inc.; Performance Internet Parts, LLC, Plaintiffs-Appellees, v. KYB Corporation; KYB Americas Corporation, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 24, 2020.

Attorney(s) appearing for the Case

ARGUED: Bradley Love , BARNES & THORNBURG, LLP, Indianapolis, Indiana, for Appellants. Thomas C. Bright , CERA LLP, San Francisco, California, for Appellees. ON BRIEF: Bradley Love , Kendall Millard , J. Alexander Barnstead , BARNES & THORNBURG, LLP, Indianapolis, Indiana, for Appellants. Thomas C. Bright , CERA LLP, San Francisco, California, David H. Fink , Nathan J. Fink , FINK BRESSACK, Bloomfield Hills, Michigan, Michael S. Smith , PRETI, FLAHERTY, BELIVEAU & PACHIOS LLP, Portland, Maine, for Appellees.

Before: DAUGHTREY, CLAY, and GRIFFIN, Circuit Judges.

OPINION

The Supreme Court recently emphasized that "before referring a dispute to an arbitrator, the court determines whether a valid arbitration agreement exists. But if a valid agreement exists, and if the agreement delegates the arbitrability issue to an arbitrator, a court may not decide the arbitrability issue...

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