Distributors of pre-filled propane tanks have asked the Eighth Circuit not to rehear a split August decision affirming the dismissal of price-fixing claims against them, saying the panel correctly held that the suit was filed too late.
Propane tank purchasers have argued a rehearing is warranted because the statute of limitations — which typically sets a four-year time limit on the filing of Sherman Act violation claims — should have been reset each time Ferrellgas LP and AmeriGas Propane Inc. sold a tank at a price and fill level the companies had allegedly colluded over, but they have not sufficiently alleged a continuing price-fixing conspiracy, the companies said in a filing Monday.
The purchasers have 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.
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