Caterpillar, Komatsu, Volvo Face Antitrust Lawsuit

Seller of Chinese construction equipment files suit alleging the three manufacturers illegally excluded the company from entering the U.S. heavy construction equipment sellers market

At the end of January, International Construction Products LLC (ICP), an online seller of Chinese construction equipment, filed an antitrust lawsuit against Caterpillar, Komatsu America and Volvo Construction Equipment. The lawsuit accuses the defendants of "acting illegally to exclude ICP from the U.S. market by depriving it of access to efficient distribution," according to a statement from Boies, Schiller & Flexner Chairman David Boies. Boies, Schiller & Flexner filed the complaint in the U.S. District Court in Wilmington, Delaware, on behalf of International Construction Products.

According to the Nasdaq article, ICP initially tried to sell equipment through a website operated by IronPlanet Inc. However, the suit alleges that the defendants threatened to boycott IronPlanet if it sold ICP's offerings, which allegedly led IronPlanet to stop working with ICP.

(read the full filed complaint...)

The ICP suit is seeking monetary damages and injunctive relief to unwind the acquisition of IronPlanet and eliminate the defendants' exclusivity arrangements with their dealers.

(more on the antitrust lawsuit...)