Franchising (& Distribution) Currents, Fall 2007
A Utah district court dismissed a regional distributor's antitrust and price discrimination claims without prejudice. Plaintiff was a regional distributor of a specific brand of exterior cladding products. Defendants were regional distributors of competing products consisting of a group of distributors and a group of suppliers. Plaintiff contended that distributor defendants contracted, combined, and conspired to use their collective market power to gain agreements or understandings with supplier defendants to refuse to sell, or to sell at unfair prices, accessory materials necessary for plaintiff's competitive sale of its products in its Utah market.