A jaw crusher doing what it does best.

The Second Circuit today affirmed dismissal of a monopolization complaint against the dominant stone crusher in the New York area.  The big aggregate producer, Tilcon, bought its only competitor in the market; refused to sell rocks to the plaintiff, Port Dock, any more; and jacked up prices.  The district court and court of appeals ruled that Port Dock’s gripe amounted to a refusal-to-deal claim that couldn’t survive a Rule 12(b)(6) motion.  Port Dock lacked "antitrust standing" because its losses resulted not from anticompetitive behavior but from Tilcon’s decision to eliminate distributors and instead to sell directly to end-users.  Port Dock & Stone Corp. v. Oldcastle Northeast, Inc., No. 06-4908 (2d Cir. Oct. 23, 2007).

Barry Barnett

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