Puerto Rico Loses Suit
Puerto Rico’s $50 million price fixing suit against polyurethane foam manufacturers was dismissed after the federal court in Puerto Rico found no current or threatened harm.
Puerto Rico’s claims for injunctive relief under the Clayton Act failed because the last alleged act in the scheme occurred almost 10 years ago, the U.S. District Court for the District of Puerto Rico said Thursday.
The Commonwealth’s damages claims under the Clayton Act are also barred by the four year statute of limitations, the court said.
And Puerto Rico can’t sue for unjust enrichment to revive the time-barred antitrust damages claims because the…
Puerto Rico alleges manufacturing companies conspired to price-fix polyurethane foam products
San Juan, Puerto Rico (Legal Newsline) – The government of Puerto Rico has filed a suit against several companies over allegations of price-fixing.
The government of Puerto Rico, represented by its Attorney General Wanda Vazquez Garced, filed a complaint on Dec. 20 in the U.S. District Court for the District of Puerto Rico against The Carpenter Co., Flexible Foam Products Inc., FXI-Foamex Innovations Inc., et al. alleging unjust enrichment and other counts.
According to the complaint, the plaintiffs allege that the defendants and their co-conspirators conspired to fix, raise, maintain and/or stabilize prices of flexible polyurethane foam, which is used for cushioning in furniture. The plaintiffs allege this price fixing began in 1999 and continues through the present day.
As a result of the fixed pricing conduct, the plaintiff alleges it has “paid more during for flexible polyurethane foam than they otherwise would have paid in a competitive market and has therefore been injured in its businesses and property,” the suit states.
The plaintiffs holds The Carpenter Co., Flexible Foam Products Inc., FXI-Foamex Innovations Inc., et al. responsible because the defendants allegedly have been unjustly enriched by the plaintiff’s overpayments.
The plaintiffs request a trial by jury and seek an order for the defendants to cease all cooperative agreements, reimbursement, award pre- and post-judgment interest, costs and such other relief as it may deem just and proper under the circumstances. It is represented by Attorney General Wanda Vazquez Garced and Assistant Attorney General Denise Maldonado Rosa in San Juan, Puerto Rico and others.
U.S. District Court for the District of Puerto Rico case number 3:18-cv-01987-GAG