Caterpillar, Komatsu, Volvo Sued for Antitrust Violations

January 30, 2015

International Construction Products LLC (ICP) filed an antitrust lawsuit in U.S. District Court court on Thursday against Caterpillar Inc., Komatsu America Corp., and Volvo Construction Equipment North America LLC.

ICP, a seller of Chinese construction equipment, alleges that the defendants threatened to boycott the online used construction equipment marketplace IronPlanet if the site were to sell ICP products. IronPlanet has since announced a merger with Cat Auction Services. ICP claims it no longer has a “feasible means to efficiently bring its products to market,” according to the lawsuit.

The plaintiff is seeking unspecified damages, as well as an injunction banning the defendants’ exclusivity arrangements with their dealers.

An ICP spokesperson referred questions to Boies, Schiller & Flexner, the filing law firm.

“International Construction Products is an innovative competitor in the heavy construction equipment market, which has notoriously high barriers to entry to new competition,” said David Boies, chairman of Boies, Schiller & Flexner. “The defendants in this case, some of the largest incumbent heavy equipment manufacturers, acted illegally to exclude ICP from the U.S. market by depriving it of access to efficient distribution. We look forward to bringing this case to trial on behalf of ICP.”

Caterpillar, Komatsu America and Volvo Construction Equipment have yet to comment.