Law360 (February 24, 2020, 8:22 PM EST) — The Sixth Circuit said Monday that KYB Corp. can’t force into arbitration a suit accusing it of conspiring with other auto parts manufacturers to fix prices on shock absorbers, saying there was no valid arbitration agreement in the direct purchaser plaintiffs’ limited warranty.
A three-judge panel of the federal appeals court upheld a Michigan district court’s January 2019 decision denying the Japanese auto parts maker a bid from KYB and KYB Americas Corp. to compel arbitration in an antitrust suit from direct purchaser plaintiffs Performance Internet Parts LLC and VIP Inc., retailers and authorized sellers of KYB products.
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