This case was last updated from PACER on 08/28/2021 at 08:14:18 (UTC).

V.I.P. Motor Cars Ltd. et al v. ZF TRW Automotive Holdings Corp. et al

Case Summary

On August 27, 2021, V.I.P Motor Cars Ltd., McGrath Automotive Group, Inc., Hodges Imported Cars, Inc. (“Hodges''), Patsy Lou Chevrolet, Inc. (“Patsy Lou''), Landers McLarty Lee’s Summit MO (“Lee’s Summit”), and Ors (collectively, “Plaintiffs”), represented by Gerard V. Mantese of Mantese Honigman, P.C, filed an antitrust action against ZF TRW Automotive Holdings Corp., ZF Friedrichshafen AG, Locas Automotive GMBH (together, “TRW''), Robert Bosch GMBH and Robert Bosch LLC (together, “Bosch”) (collectively, “Defendants”), seeking maintainability, damages, injunctive relief and restitution including disgorgement of profits along with prejudgment and post judgement interest for alleged unlawful conduct, contract, conspiracy or combination and unfair competition. This case was filed in U.S. District Court in the Eastern District of Michigan with Judges George Caram Steeh and Anthony P. Patti presiding.

 

In their complaint, the Plaintiffs alleged that, “Defendants manufacture, market, and/or sell Hydraulic Braking Systems throughout and into the United States. Defendants and their co-conspirators agreed, combined, and conspired to fix, raise, maintain and/or stabilize prices, rig bids, and allocate the market and customers in the United States for Hydraulic Braking Systems.”

 

The Plaintiffs further alleged that, “Defendants and their co-conspirators participated in a combination and conspiracy to suppress and eliminate competition in the automotive parts industry by agreeing to allocate the supply of, rig bids for, and to fix, stabilize, and maintain the prices of Hydraulic Braking Systems sold to automobile manufacturers and others in the United States. The combination and conspiracy engaged in by the Defendants and their co-conspirators was an unreasonable restraint of interstate and foreign trade and commerce in violation of the Sherman Antitrust Act, 15 U.S.C. § 1, and state antitrust, unfair competition, consumer protection, and unjust enrichment laws.”

 

The Plaintiffs also alleged that, “As a direct result of the anticompetitive and unlawful conduct alleged herein, Plaintiffs and the Classes (as defined below) paid artificially inflated prices for Hydraulic Braking Systems during the Class Period and have thereby suffered antitrust injury to their business or property.”

 

The Plaintiffs have listed out four claims for relief. The first claim is for alleged violation of section 1 of the Sherman Act (15 U.S.C. § 1) for engaging in unreasonable restraint of trade. The second and third claims are for alleged violations of State Antitrust Statutes and State Consumer Statues for continuation with respect to the sale of Hydraulic Braking systems. The fourth claim is for alleged unjust enrichment for the unlawful conduct by the Defendants.

 

In their prayer for relief, the Plaintiffs requested the Court for maintainability as a class action pursuant to Rules 23(a), (b)(2) and (b)(3). The Plaintiffs further requested the Court for recover of damages and permanent enjoinment in the form of restitution and/or disgorgement of profit along with cost of the suit and attorneys’ fees for unlawful conduct, contract, conspiracy or combination and unfair competition or any other relief that the Court may deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-12002

  • Filing Date:

    08/27/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Antitrust

Judge Details

Presiding Judge

George Caram Steeh

Referral Judge

Anthony P. Patti

 

Party Details

Plaintiffs

V.I.P. Motor Cars Ltd.

McGrath Automotive Group, Inc.

Hodges Imported Cars, Inc. d/b/a Hodges Subaru

Patsy Lou Chevrolet, Inc.

Landers McLarty Lee's Summit MO, LLC d/b/a Lee's Summit Chrysler Dodge Jeep Ram and d/b/a Lee's Summit Nissan

Reno Dodge Sales, Inc. d/b/a Don Weir's Reno Dodge

John Greene Chrysler Dodge Jeep, LLC

Automobile Dealership Plaintiffs

Defendants

ZF TRW Automotive Holdings Corp.

ZF Friedrichshafen AG

Lucas Automotive GmbH

Robert Bosch GmbH

Robert Bosch LLC

Attorney/Law Firm Details

Plaintiff Attorney

Gerard V. Mantese

Attorney at Mantese Honigman, P.C.

1361 E. Big Beaver Road

Troy, MI 48083

 

Court Documents

4 #1

Exhibit 1 - Settlement Agreement

#4

(#4) MOTION for Preliminary Approval of Proposed Settlement with TRW Defendants and Provisional Certification of Settlement Class by Automobile Dealership Plaintiffs. (Attachments: #1 Exhibit 1 - Settlement Agreement) (Mantese, Gerard) (Entered: 08/27/2021)

3 #1

Exhibit 1 - Settlement Agreement

#3

(#3) MOTION for Preliminary Approval of Proposed Settlement with Bosch Defendants and Provisional Certification of Settlement Classes by Automobile Dealership Plaintiffs. (Attachments: #1 Exhibit 1 - Settlement Agreement) (Mantese, Gerard) (Entered: 08/27/2021)

#2

(#2) SUMMONS Issued for *Lucas Automotive GmbH, Robert Bosch GmbH, Robert Bosch LLC, ZF Friedrichshafen AG, ZF TRW Automotive Holdings Corp.* (SKra) (Entered: 08/27/2021)

#1

(#1) COMPLAINT for Damages and Injunctive Relief filed by All Plaintiffs against All Defendants with Jury Demand. No summons requested. Receipt No: AMIEDC-8596225 - Fee: $ 402. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Mantese, Gerard) (Entered: 08/27/2021)

 

Docket Entries

  • 08/27/2021
  • View Court Documents
  • Docket(#4) MOTION for Preliminary Approval of Proposed Settlement with TRW Defendants and Provisional Certification of Settlement Class by Automobile Dealership Plaintiffs. (Attachments: #1 Exhibit 1 - Settlement Agreement) (Mantese, Gerard) (Entered: 08/27/2021)

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  • 08/27/2021
  • View Court Documents
  • Docket(#3) MOTION for Preliminary Approval of Proposed Settlement with Bosch Defendants and Provisional Certification of Settlement Classes by Automobile Dealership Plaintiffs. (Attachments: #1 Exhibit 1 - Settlement Agreement) (Mantese, Gerard) (Entered: 08/27/2021)

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  • 08/27/2021
  • DocketA United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (SKra) (Entered: 08/27/2021)

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  • 08/27/2021
  • View Court Documents
  • Docket(#2) SUMMONS Issued for *Lucas Automotive GmbH, Robert Bosch GmbH, Robert Bosch LLC, ZF Friedrichshafen AG, ZF TRW Automotive Holdings Corp.* (SKra) (Entered: 08/27/2021)

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  • 08/27/2021
  • View Court Documents
  • Docket(#1) COMPLAINT for Damages and Injunctive Relief filed by All Plaintiffs against All Defendants with Jury Demand. No summons requested. Receipt No: AMIEDC-8596225 - Fee: $ 402. County of 1st Plaintiff: Out of State - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Mantese, Gerard) (Entered: 08/27/2021)

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