Smurfit Westrock (CONT’D FROM PAGE 20)
facts to show collusion, specifically an advance agreement to raise prices. Because it’s typically difficult for a plaintiff to access details about any alleged price-fixing agreements, “anti- trust complaints often rely on circumstantial facts to show the existence of an agreement, and the court must make a determination as to whether those facts are sufficient,” Hurtado said. Another common argument in this type of dismissal request for antitrust cases is the plaintiff does not have standing to sue the defendants because it did not suffer antitrust injury, Hurtado explained. For instance, if a plain- tiff purchased corrugated boxes from an independent sup- plier who purchased the material from one of the named manufacturers, the court would have to determine if the plaintiff’s injuries were too derivative or remote, Hurtado said. “To overcome this type argument, the plaintiff would not only need to allege that it was injured, but it would also need to allege that the injury was directly caused by the defendant’s alleged anticompetitive conduct,” he said. While GPI and SW were dismissed without prejudice, PCA requested in its new filing to be dismissed “with prej- udice,” meaning this would permanently end the case against the company — and the same case couldn’t be brought against it again.
Follow Board Converting News on LinkedIn and Facebook to get the most current news and information for the corrugated and folding carton industries.
Len Prazych at 518-366-9017 lprazych@nvpublications.com
EXTREME SHEET & SCRAP CONTROL | FULLY ELECTRIC NO PITS | 20,000 KPH | PATENTED TECHNOLOGY
OPEN
CLOSED
IMPROVE PRODUCTIVITY IN YOUR OPERATIONS.
REQUEST A QUOTE TODAY WWW.AGSTACKER.COM
30 Packaging Dr. #104 Weyers Cave, VA 24486 | 540-234-6012 | email@agstacker.com
22
www.boardconvertingnews.com
November 3, 2025
Made with FlippingBook. PDF to flipbook with ease