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This case was last updated from PACER on 06/05/2021 at 10:55:08 (UTC).

Doheny Enterprises Inc v. Clearon Corporation

Case Summary

On April 06, 2021, Doheny Enterprises, Inc. (“Doheny'' or “Plaintiff”), represented by Jeffery M Cross of Freeborn & Peters LLP, filed an antitrust action against Clearon Corporation (“Clearon” or “Defendant”), seeking damages, enjoinment and a decree for allegedly unlawfully monopolizing market by eliminating Doheny Enterprises, Inc. (“Doheny''). This case was filed in the U.S. District Court for the Eastern District of Wisconsin with Judge J. P. Stadtmueller presiding. 

 

In its complaint, the Plaintiff alleged that, “Defendant has attempted to monopolize and restrain trade in the United States market for the sale on the Amazon Internet platform of chlorinated isocyanurates – often referred to as “chlorinated dry bleaches” or “CDBs” – which are used by consumers to clean swimming pools of bacteria and algae. Clearon attempted to obtain monopoly power in a second market – the sale of chlorinated dry bleaches on the Amazon Internet platform – by eliminating from that second market Doheny Enterprises, Inc. (“Doheny”), which was a more efficient and lower- priced competitor. Clearon then used its monopoly power in that market – the manufacturing market – to refuse to deal with Doheny. There was no efficiency justification for such refusal despite Clearon having dealt with Doheny for over ten years. Forcing Doheny out of the market for sales through Amazon allowed Clearon to obtain monopoly power in this second market and to raise prices above the competitive levels that Doheny had been charging. Clearon’s refusal to deal with Doheny also violated the Wisconsin Fair Dealership Law, which prohibits a grantor of a right to sell a product from terminating a dealership agreement to resell that product without good cause”.

 

The Plaintiff further alleged that, “Doheny Enterprises has served as a distributor and dealer for Clearon- manufactured chlorinated dry bleaches – including both the NAVA and Doheny brand names – for over ten years. Prior to August 2020, Clearon tried to compete with Doheny by selling NAVA- brand products directly to consumers on the Amazon Internet platform. Prior to August 2020, Clearon was not successful at competing with Doheny on the Amazon Internet platform because Clearon did not itself have distribution centers. Consequently, it was forced to use Amazon’s fulfillment centers. As set forth above, Amazon’s price structure for third-party resellers using the Amazon fulfillment centers results in higher prices than the prices that can be charged by a third-party reseller on Amazon that has its own distribution centers, such as Doheny. Clearon then abused that monopoly power by refusing to deal with Doheny – effectively eliminating Doheny as a competitor on the Amazon Internet platform.”



There are three claims for relief laid down by the Plaintiff. The first claim is for the alleged attempted monopolization of trichlor sold on the Amazon Internet Platform in Violation of Section 2 of The Sherman Act, because Clearon has a dangerous probability of achieving monopoly power in the U.S. market for the sale of trichlor on the Amazon Internet platform. The second claim is for the alleged attempted monopolization of dichlor sold on the Amazon Internet platform in Violation of Section 2 Of the Sherman Act. The third claim is for the alleged violation of the Wisconsin Fair Dealership Law. 

 

In its prayer for relief, the Plaintiff has requested the court that Clearon’s above alleged violations be adjudged and decreed to be unlawful restraints of trade and monopolization in violation of Section 2 of the Sherman Act; that Doheny recover threefold the damages to have been sustained by it; that Clearon be enjoined from continuing its unlawful restraint of trade and monopolization; and such other relief that the court may seem proper and award costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00438

  • Filing Date:

    04/06/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Antitrust

  • Court:

    U.S. District Courts

  • Courthouse:

    Wisconsin Eastern District

Judge Details

Presiding Judge

J P Stadtmueller

 

Party Details

Plaintiff

Doheny Enterprises Inc

Defendant

Clearon Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

Jeffery M Cross

Attorney at Freeborn & Peters LLP

311 S Wacker Dr - Ste 3000

Chicago, IL 60606-6677

D Richard Self

Attorney at Freeborn & Peters LLP

311 S Wacker Dr - Ste 3000

Chicago, IL 60606-6677

Steven Filipowski

Attorney at Harrison & Held LLP

333 W Wacker Dr - Ste 1700

Chicago, IL 60606

John L Kirtley

Attorney at Godfrey & Kahn SC

833 E Michigan St - Ste 1800

Milwaukee, WI 53202-5615

Daniel T Flaherty

Attorney at Godfrey & Kahn SC

100 W Lawrence St, Po Box 2728

Appleton, WI 54913-2728

Allison W Reimann

Attorney at Godfrey & Kahn SC

1 E Main St - Ste 500, Po Box 2719

Madison, WI 53701-2719

Defendant Attorney

Bryan Neft

Attorney at Spliman Thomas and Battle PLLC

One Oxford Centre, 301 Grant St - Ste 3440

Pittsburgh, PA 15219

 

Court Documents

#14

RESTRICTED

#13

(#13) NOTICE of Appearance by Daniel T Flaherty on behalf of Doheny Enterprises Inc. Attorney(s) appearing: Daniel T. Flaherty (Flaherty, Daniel)

#12

(#12) NOTICE of Appearance by John L Kirtley on behalf of Doheny Enterprises Inc. Attorney(s) appearing: John L. Kirtley (Kirtley, John)

#11

(#11) NOTICE of Appearance by Allison W Reimann on behalf of Doheny Enterprises Inc. Attorney(s) appearing: Allison W. Reimann (Reimann, Allison)

#10

RESTRICTED

#9

(#9) DISCLOSURE Statement by Clearon Corporation. (Neft, Bryan)

8 #1

Text of Proposed Order

#8

(#8) MOTION for Extension of Time to File Answer to Complaint by Clearon Corporation. (Attachments: #1 Text of Proposed Order)(Neft, Bryan) (Additional attachment(s) added on 4/23/2021: #2 Certificate) (rcm).

#7

(#7) NOTICE of Appearance by Bryan Neft on behalf of Clearon Corporation. Attorney(s) appearing: Bryan S. Neft (Neft, Bryan)

#6

(#6) SUMMONS Returned Executed by Doheny Enterprises Inc. Clearon Corporation served on 4/9/2021. (Cross, Jeffery)

#5

(#5) NOTICE of Appearance by D Richard Self on behalf of Doheny Enterprises Inc. Attorney(s) appearing: D. Richard Self (Self, D)

#4

(#4) NOTICE of Appearance by Jeffery M Cross on behalf of Doheny Enterprises Inc. Attorney(s) appearing: Jeffery M. Cross (Cross, Jeffery)

#3

(#3) REQUEST for Issuance of Summons by Doheny Enterprises Inc (Cross, Jeffery)

#2

(#2) DISCLOSURE Statement by Doheny Enterprises Inc. (Cross, Jeffery)

1 #2

Civil Cover Sheet

1 #1

Summons

#1

(#1) COMPLAINT with Jury Demand; against Doheny Enterprises Inc by Doheny Enterprises Inc. ( Filing Fee PAID $402 receipt number AWIEDC-3785350) (Attachments: #1 Summons, #2 Civil Cover Sheet)(Cross, Jeffery)

8 More Documents Available
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Docket Entries

  • 05/05/2021
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  • Docket(#14) Magistrate Judge Jurisdiction Form filed by Clearon Corporation. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Neft, Bryan)

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  • 04/26/2021
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  • Docket(#13) NOTICE of Appearance by Daniel T Flaherty on behalf of Doheny Enterprises Inc. Attorney(s) appearing: Daniel T. Flaherty (Flaherty, Daniel)

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  • 04/26/2021
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  • Docket(#12) NOTICE of Appearance by John L Kirtley on behalf of Doheny Enterprises Inc. Attorney(s) appearing: John L. Kirtley (Kirtley, John)

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  • 04/26/2021
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  • Docket(#11) NOTICE of Appearance by Allison W Reimann on behalf of Doheny Enterprises Inc. Attorney(s) appearing: Allison W. Reimann (Reimann, Allison)

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  • 04/26/2021
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  • Docket(#10) Magistrate Judge Jurisdiction Form filed by Doheny Enterprises Inc. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Cross, Jeffery)

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  • 04/23/2021
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  • DocketTEXT ONLY ORDER by Judge J P Stadtmueller on 4/23/2021. Upon consideration of #8 Clearon Corporation's unopposed Motion for Extension of Time to File Answer, the Court GRANTS the motion. Clearon Corporation has until June 29, 2021 to file an answer or other responsive pleading. (cc: all counsel) (DeCarlo, Lauren)

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  • 04/21/2021
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  • Docket(#9) DISCLOSURE Statement by Clearon Corporation. (Neft, Bryan)

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  • 04/21/2021
  • DocketNOTICE from the clerk to All Parties requesting that the Consent/Refusal form to Magistrate Judge Stephen C. Dries be filed within 14 days; the form is available #here. (bx)

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  • 04/21/2021
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  • Docket(#8) MOTION for Extension of Time to File Answer to Complaint by Clearon Corporation. (Attachments: #1 Text of Proposed Order)(Neft, Bryan) (Additional attachment(s) added on 4/23/2021: #2 Certificate) (rcm).

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  • 04/21/2021
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  • Docket(#7) NOTICE of Appearance by Bryan Neft on behalf of Clearon Corporation. Attorney(s) appearing: Bryan S. Neft (Neft, Bryan)

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  • 04/13/2021
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  • Docket(#6) SUMMONS Returned Executed by Doheny Enterprises Inc. Clearon Corporation served on 4/9/2021. (Cross, Jeffery)

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  • 04/08/2021
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  • Docket(#5) NOTICE of Appearance by D Richard Self on behalf of Doheny Enterprises Inc. Attorney(s) appearing: D. Richard Self (Self, D)

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  • 04/08/2021
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  • Docket(#4) NOTICE of Appearance by Jeffery M Cross on behalf of Doheny Enterprises Inc. Attorney(s) appearing: Jeffery M. Cross (Cross, Jeffery)

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  • 04/08/2021
  • DocketSummons Issued as to Clearon Corporation. (bx)

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  • 04/07/2021
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  • Docket(#3) REQUEST for Issuance of Summons by Doheny Enterprises Inc (Cross, Jeffery)

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  • 04/07/2021
  • DocketCase Opening Modification(s); The following modification(s) have been made to your case entry: The attached summons was not prepared using the version found on our website - please follow the instructions and resubmit the summons using the event Request for Issuance of Summons which is found under the heading other documents. ; Please refer to the # attorney case opening instructions, the # summons instructions and the # party name guidelines found in the user manual for further guidance (bx)

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  • 04/06/2021
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  • Docket(#2) DISCLOSURE Statement by Doheny Enterprises Inc. (Cross, Jeffery)

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  • 04/06/2021
  • DocketNOTICE Regarding assignment of this matter to Judge J P Stadtmueller; Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (cmb)

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  • 04/06/2021
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  • Docket(#1) COMPLAINT with Jury Demand; against Doheny Enterprises Inc by Doheny Enterprises Inc. ( Filing Fee PAID $402 receipt number AWIEDC-3785350) (Attachments: #1 Summons, #2 Civil Cover Sheet)(Cross, Jeffery)

    Read MoreRead Less
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