Fond du lac Bumper Exchange v. Jui Li Enterprise Company, Ltd.

On July 6, 2011, the Eastern District of Wisconsin denied defendants' motion for reconsideration of its denial of defendants' motion to dismiss for lack of subject matter jurisdiction pursuant to the Foreign Trade Antitrust Improvements Act. In finding for the plaintiffs and denying the motion, the court held that "[t]he evidence suggests that defendants' alleged conspiracy focused on setting the prices of parts that were manufactured for the purpose of being sold in the United States and that such parts were in fact sold in the United States at prices established by the anti-competitive agreement. The complaints and the evidence indicate that there is a large American market for the parts in question (far larger than any market that might exist in Taiwan). The complaint and the evidence further indicate that defendants negotiated the sales of parts to importers at prices and in amounts established by the conspiracy and delivered parts to their ships for transport to the United States."

Direct purchasers allege that defendants Taiwan Kai Yih Industrial Company Ltd., TYG Products, Jui Li Enterprises, Inc., Auto Parts Industrial, Ltd., Gordon Auto Body Parts, and Cornerstone Auto Parts conspired to fix the supply and price of aftermarket automotive sheet metal parts sold to customers in the United States.

Heins Mills & Olson and Stueve Siegel Hanson are co-lead counsel for plaintiffs.