2FIRSTS | Smoore Seeks to Toss CCELL Price-Fixing Claim as Court Weighs Vertical Distribution Versus Horizontal Conspiracy
Smoore asks a court to dismiss a direct purchaser antitrust claim, arguing its CCELL distributor arrangements are vertical, not a horizontal price-fixing conspiracy.Summary
Shenzhen Smoore Technology and four of its authorized U.S. CCELL distributors have filed a motion to permanently dismiss a core antitrust claim in a California federal court. The direct purchasers allege Smoore coordinated minimum wholesale prices, customer allocation, and limited price competition among the distributors, constituting a per se illegal horizontal conspiracy under the Sherman Act. Smoore and the distributors counter that the alleged conduct reflects standard vertical distribution practices between a manufacturer and its partners, not an agreement among competitors. The court's decision on this motion will determine if the plaintiffs can continue pursuing their horizontal conspiracy theory, which forms a key part of the broader CCELL antitrust multidistrict litigation. The proposed class seeks damages for purchases from at least 2016.
(Source：2Firsts)
