ZF Meritor, LLC v. Eaton Corp., 696 F.3d 254 (3d Cir. 2012). This is a rare antitrust case that went to trial and resulted in a plaintiffs’ verdict. The 2-1 decision of the Third Circuit, with the majority opinion by Judge Fisher and a dissent by Judge Greenberg, runs to over 200 pages. The opinions treat issues ranging from whether defendant’s conduct was per se lawful because it priced its products above cost (the majority agreed with the district court that this did not make otherwise anticompetitive conduct lawful) to whether plaintiffs’ damage expert’s report was properly excluded (it was), to whether, despite that, plaintiffs should have been allowed to amend the report to submit alternative damage calculations (they should have been allowed ot do that), to whether plaintiffs could obtain injunctive relief even though they were no longer in the relevant market and had not expressed any concrete intent to re-enter that market (they could not). In short, this ruling has something for just about everyone in the area of antitrust law. Both the majority and dissenting opinions are well worth battling through.
A 200-Page Antitrust Decision From the Third Circuit
