Key Findings: Fifth Circuit Affirms Dismissal of Antitrust Claims in Steel Case


On March 17, 2025, the US Court of Appeals for the Fifth Circuit affirmed a Texas district court decision dismissing antitrust claims brought by steel manufacturer JSW Steel against a group of steel slab manufacturers. The Fifth Circuit agreed with the district court that certain claims arose out of petitioning activity that is protected from antitrust scrutiny by the Noerr-Pennington doctrine. In addition, JSW failed to establish the existence of an actionable concerted refusal to deal.

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