Smurfit Westrock removed from price-fixing case, others file for dismissal

Core Points - The court is currently evaluating a motion to dismiss an antitrust lawsuit filed by Artuso Pastry against several major paper and packaging companies, including Cascades, Georgia-Pacific, and Graphic Packaging International, among others [4][5][6] - The dismissal of Smurfit Westrock and Georgia-Pacific was made without prejudice, allowing for the possibility of their re-involvement if new evidence arises [2][9] - The plaintiff's claims center around allegations of a price-fixing conspiracy among the defendants, but the court has indicated that the plaintiff has not provided sufficient evidence to support these claims [6][10][11] Group 1: Legal Proceedings - The defendants filed a motion to dismiss the case on the grounds of "failure to state a claim," indicating that even if some facts are true, they do not establish a legal claim [5][6] - Artuso Pastry's responses to the motions to dismiss are due in December, with defendants having until January to submit reply briefs [4] Group 2: Company Involvement - Smurfit Westrock was included as a defendant in the lawsuit, alongside predecessor companies that merged in July 2024 [3] - The case also lists multiple entities from Cascades as defendants, including Cascades Inc., Cascades USA Inc., and Cascades Holding US [3] Group 3: Antitrust Allegations - The lawsuit alleges that the defendants created a cartel for corrugated materials, but the court has noted that the plaintiff must provide more substantial evidence of collusion [6][7] - The plaintiff's ability to prove standing is questioned, as it must demonstrate direct injury from the alleged anticompetitive conduct [8][9] Group 4: Specific Company Defenses - Packaging Corporation of America (PCA) argues that the plaintiff's claims are insufficient, citing a lack of evidence for conspiracy and its own capacity expansion during the alleged price increases [10][11] - Pratt Industries similarly contends that its actions, including increased output and new facility openings, contradict the notion of participation in a price-fixing conspiracy [11][12]