Cedar Shingles and Shakes Antitrust Litigation

Jun 04, 2019

Fraser Construction Company, Inc. et al v. Cedar Shake & Shingle Bureau et al, Civil Action No. 2:19-cv-00451 (Western District of Washington)

This is an antitrust class action alleging that three manufacturers—Anbrook Industries Ltd., Waldun Forest Products Ltd. and G&R Cedar Ltd. (“Manufacturer Defendants”)—conspired with the Cedar Shake & Shingle Bureau (“CSSB”) to fix and inflate the prices of high-end cedar shakes and shingles.

CSSB is the main trade association serving the cedar shake and shingle industry in North America.  CSSB controls the “Certi-Label” trademark placed on cedar shakes and shingles. Certi-Label products account for about 95% of the high-end cedar shake and shingle products sold in the United States. Each of the Manufacturer Defendants sit on the CSSB’s Board of Directors.

Throughout the Class Period, high-ranking personnel employed by Manufacturer Defendants discussed and agreed on pricing levels to charge purchasers for Certi-Label shakes and shingles . In furtherance of that price-fixing conspiracy, the Manufacturer Defendants terminated the memberships of CSSB members who did not follow the price leadership of the Manufacturer Defendants. By prohibiting those low-cost competitors from obtaining Certi-Label approval, the Manufacturer Defendants effectively eliminated those competitors from the cedar shake and shingles market.

The lawsuit was filed on behalf of a class of resellers that purchased high-end cedar shakes and shingles at artificially inflated prices and subsequently resold those  shakes and shingles to other entities like contractors and end users.  Specifically, the class consists of all individuals and entities in the United States that indirectly purchased cedar shakes and shingles for resale that were manufactured by a Manufacturer Defendant or co-conspirator from as January 1, 2011 through the present.

 

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