In Re Commercial Explosives Litigation

ORDER

SAM, District Judge.

The defendant E.I. du Pont de Nemours and Company (“DuPont”) filed a motion pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the plaintiffs’ Consolidated Amended Complaint for failure to state a claim of conspiracy under § 1 of the Sherman Act and for failure to plead with particularity that the four-year limitation on such a claim was tolled by fraudulent concealment. For reasons discussed below, the motion is denied.

I. Background

In their Consolidated Amended Complaint, the plaintiffs allege that the defendants engaged in a nationwide conspiracy to fix prices of…