Press Release
Duane Morris Wins Appeal in Mack Truck Antitrust Case
PHILADELPHIA, June 18, 2008 - Duane Morris has prevailed in an appeal in the case, Toledo Mack Sales & Service, Inc. v. Mack Trucks, Inc., before the U.S. Court of Appeals for the Third Circuit, on behalf of client Toledo Mack Sales and Service, Inc. Toledo Mack alleges that truck manufacturer Mack Trucks violated the antitrust laws by engaging in an illegal conspiracy to keep its truck prices artificially high. Toledo Mack claims it was singled out for particularly harsh treatment by the truck manufacturer because it attempted to compete with other dealers outside its assigned territory by offering low prices. Toledo Mack seeks damages of more than $45 million.
The District Court in Philadelphia dismissed Toledo Mack's antitrust claim in October 2006. The 53-page appellate court decision holds that Toledo Mack introduced sufficient evidence for a jury to find that Mack dealers entered into an unlawful conspiracy to fix prices and that Mack Trucks agreed to support that conspiracy by preventing Toledo Mack from competing with those dealers. The appellate court sent the case back to court for a jury trial on Toledo Mack's antitrust claims.
"This is a resounding victory for Toledo Mack," said Wayne Mack, co-head of the Commercial, Securities and Antitrust division of Duane Morris' Trial Practice Group, who has led the litigation from the outset. "The Third Circuit recognized that Toledo Mack presented sufficient evidence to support a jury finding in its favor on its antitrust claim, and we look forward to the opportunity to present our claim to a new jury."
The case was argued before the Third Circuit by Rob Byer, head of the Appellate Litigation division of Duane Morris' Trial Practice Group, in March 2008.
Duane Morris partners Wayne Mack, Rob Byer, J. Manly Parks and James Steigerwald and associate David Degnan represented Toledo Mack in the appeal.
About Duane Morris
Duane Morris LLP, a full-service law firm of more than 650 attorneys, offers innovative solutions across diverse industries in the United States and internationally to address the legal and business challenges of today's evolving global markets.
