Simpson Thacher Wins Dismissal of Antitrust Class Action in SDNY
06.26.25
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On June 25, 2025, Simpson Thacher won dismissal of an antitrust class action in the Southern District of New York on behalf of clients RPM International and the Euclid Chemical Company. The suit, brought by direct and indirect purchasers, alleged a conspiracy to fix the prices of concrete admixtures, cement additives and related products.
In a 50-page opinion, U.S. District Judge Lewis Liman granted the defendants’ motion to dismiss, finding that the plaintiffs’ claims failed to meet the stringent standards required to establish a valid antitrust conspiracy under the Sherman Act. Judge Liman found that the alleged price increases were “episodic” and inconsistent with coordinated activity, and thus found that plaintiffs failed to plead parallel conduct. Judge Liman further found that plaintiffs failed to plausibly allege supporting “plus factors” and found insufficient plaintiffs’ allegations relating to mergers, memberships in trade associations, and scrutiny by U.S. and European competition regulators. Having dismissed the plaintiffs’ federal antitrust claims, Judge Liman dismissed the plaintiffs’ state claims certain of which he dismissed with prejudice.
The Simpson Thacher team included Peter Guryan, Abram Ellis, Avia Gridi, Alexander McNamara and Alison Draikiwicz.