Burhans Glass Files Suit Against Glass Manufacturers, Alleges Anti-Trust Violations and Price-Fixing

Burhans Glass Co. Inc. of King of Prussia, Pa., has filed a suit against several major glass manufacturers, including Guardian Industries, PPG Industries, Pilkington North America, Saint-Gobain Corp., Asahi Glass Co. and AGC Flat Glass North America, alleging anti-trust violations. Burhans filed the class-action suit in the U.S. District Court for the Eastern District of Michigan on January 29.

The complaint alleges that as early as October 2000 and continuing thereafter to present "defendants and their co-conspirators engaged in a combination and conspiracy in unreasonable restraint of the aforesaid interstate trade and commerce in violation of Section 1 of the Sherman Act." The complaint goes on to allege that the aforementioned companies conspired "to fix, raise, maintain and stabilize the price of construction flat glass throughout the United States" and "to fix, raise, maintain and stabilize the terms and conditions of sale of construction flat glass in the United States."

The plaintiff cites energy surcharges instated shortly after a meeting of the Flat Glass Manufacturing Division of the Glass Association of North America in 2000 and diesel fuel surcharges instated in 2005.

The case also references the recent fines imposed upon Guardian, Saint-Gobain, Asahi and Pilkington by the European Commission alleging price-fixing (CLICK HERE for related story.)

This is the third in a series of suits filed alleging similar complaints regarding price-fixing, energy surcharges and diesel surcharges. The first was filed by John Draper of Draper Auto Glass in San Bernardino, Calif., in mid-December (CLICK HERE for related story) and another was filed earlier this week by Diversified Glass Inc. in Rochester Hills, Mich. (CLICK HERE for related story).

The plaintiff is represented by Elwood S. Simon & Associates in Birmingham, Mich., Meredith Cohen Greenfogel & Skirnick P.C., with offices in Philadelphia and New York.

CLICK HERE for full text of complaint.

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