Jump to Navigation
Jump to Content

Evergreen Partnering Group, Inc. v. Pactiv Corp.

ELR Citation: 43 ELR 20139
Nos. 12-1730, (1st Cir., 06/19/2013)

The First Circuit vacated and remanded a lower court decision dismissing a recycling company's lawsuit that disposable food container manufacturers and two trade associations refused in concert to deal with the company in a closed-loop recycling business method for polystyrene food service products. The allegations in the company's lawsuit were sufficient to support a plausible conspiracy claim under §1 of the Sherman Act. At this stage of the litigation, a complaint need only allege the general contours of when an agreement was made, supporting those allegations with a context that tends to make said agreement plausible. In this case, while each of the company's allegations of circumstantial agreement standing alone may not be sufficient to imply agreement, taken together, they provide a sufficient basis to plausibly contextualize the agreement necessary for pleading a §1 claim.