September 26, 2016

A group of direct purchasers of refillable propane tanks have urged the full Eighth Circuit to rehear arguments that they did not miss a deadline to file antitrust claims against Ferrellgas and AmeriGas, in a suit alleging the companies colluded to set prices and fill levels for the tanks.

The purchasers asserted that an Eighth Circuit panel erred last month when it voted 2-1 that the four-year statute of limitations for filing Sherman Act violation claims did not reset each time Ferrellgas LP and AmeriGas Propane Inc. sold a tank at a price and fill level the companies had allegedly colluded over, according to the rehearing petition they filed on Thursday.

The purchasers had argued that the Eighth Circuit should rehear the case, either as a panel or en banc, to counter an exception to federal antitrust laws that the August panel opinion would otherwise create. The purchasers say that without an intervention, the panel’s opinion would allow competitors to continue to charge supracompetitive prices as long as they maintain the rates and do not raise them.

The full article can be read here.