Law360, New York ( March 26, 2012, 1:07 PM EDT) -- In Carrier Corporation v. Outokumpu Oyj, Nos. 07-6052/6114 (March 2, 2012), the Sixth Circuit reviewed the dismissal of antitrust claims which had been brought by purchasers of air conditioning and refrigeration copper tubing. Much of the lawsuit revolved around two decisions issued by the Commission of the European Communities in 2003 and 2004, which determined that the defendants, along with other companies, participated in conspiracies to set price targets and other commercial terms "for industrial tubes, coordinated price increases, [and] allocated customers and market shares in violation of European law" and similar violations in the market for plumbing tubes. Notably, neither of these decisions identified any conspiratorial agreements with respect to U.S. markets, focusing exclusively on the European market....
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