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Performance Transportation Services, Inc., et al. v. Eaton Corp., et al., 10-cv-260 (D. Del.)

We represent direct purchasers of Class 8 Trucks in this antitrust class action alleging that defendants engaged in anticompetitive conduct. The illegal scheme featured Defendant Eaton, the largest manufacturer of Class 8 transmissions, entering into long term agreements (LTAs) with each of the major manufacturers of heavy duty Class 8 trucks. These LTAs required the truck manufacturers to buy almost all of their Class 8 transmissions from Eaton, in exchange for the truck manufacturers receiving substantial rebates and other benefits. The anticompetititve effect of these LTAs was to exclude competitive sources of Class 8 transmissions from the market, resulting in higher prices for Class 8 transmissions and Class 8 trucks.

In September 2011, the district court denied Defendants’ motions to dismiss, holding that Plaintiffs adequately alleged the truck manufacturers’ “complete involvement” in the alleged scheme. After the completion of discovery, in March 2015, a two day class certification hearing was held. Plaintiffs’ class certification motion remains pending.

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