Second Circuit Aluminum Case Could Help Shape Antitrust Standing

March 18, 2016

Gregory Asciolla discusses how the Second Circuit’s decision in the aluminum case may impact how indirect purchasers can bring antitrust cases

Regarding a Second Circuit decision to hear arguments from aluminum end users blaming Goldman Sachs and others to manipulating aluminum warehousing rates, expert attorneys express their thoughts on the possible implications of the court’s decision.

Gregory Asciolla, co-chair of Labaton Sucharow Antitrust and Competition Practice said, "The type of entities that are going to be looking closely at this decision are in the indirect purchaser community, because this will help instruct them in matters where they have to determine, 'Are we the best folks to bring this case?”

Asciolla added that the Second Circuit's guidance should be particularly important to parties who are considering going to court over complex schemes containing many links in the distribution chain. He said that in more routine antitrust cases, all the litigants are clearly participants in the same market. "This case raises more complicated questions because there may be plaintiffs outside the market, and it's trying to figure out whether those folks have standing to bring a case and whether they’re the most efficient enforcers to bring that case.”