Following his August commentary on the class-action lawsuit brought by Artuso Pastry Foods Corp. against eight of the largest containerboard producers in North America, Emmanuel Hurtado was tapped once again by Packaging Dive to discuss the latest development—the voluntary dismissal of Graphic Packaging International (GPI) from the case.
In the article, titled “Graphic Packaging International dismissed from price-fixing lawsuit,” Emmanuel explains that dismissals sometimes occur if a company is not considered a direct competitor at the same level as others in the alleged conspiracy.
“All parties named in the complaint would need to be direct competitors with the same level of potential involvement in the alleged collusion, thus being ‘horizontal conspirators,’” Emmanuel says. “Absent that, it’s very difficult to prove that they’re liable because they’re not at the same level.”
When asked whether he believes other companies could follow GPI’s exit, Emmanuel speculates, “It’s very unlikely that they would get out of the case unless they can prove that they’re in a different position, or a different industry, or that there’s something distinguishing about them—or that they’re just willing to settle and get out of the case quicker.”
Because GPI was dismissed without prejudice, the company could still potentially be brought back into the case if new incriminating evidence emerges, though Emmanuel predicts this is likely the last we will hear of their involvement as the case proceeds against the other Defendants.
