Packaging Systems, Inc. v. PRC-Desoto International, Inc.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS, [13]

I. INTRODUCTION

This is ah antitrust action involving competitors in the aerospace sealant industry. Defendants : PRC-Desoto International, *1077 Inc. and PPG Industries, Inc. (collectively “PPG”). manufacture and distribute aerospace sealant for use in military and commercial. aircraft. Plaintiff Packaging Systems, Inc. purchases wholesale quantities of aerospace sealant from PPG, repackages the sealant into special injection kits, and sells the kits on the retail market (usually to aircraft maintenance companies). In August 2016, PPG issued a memo stating that the repackaging of its aerospace sealant for the purposes of resale was prohibited, and that it would stop selling sealant to any reseller that violated this prohibition. Plaintiff subsequently filed this action, alleging myriad violations of state and federal antitrust and unfair competition laws. PPG has moved to dismiss Plaintiff’s complaint. (EOF No. 13.) For the reasons discussed below, the Court GRANTS IN PART and DENIES IN PART its Motion.

II. BACKGROUND

A. Uses of Aerospace Sealant

PPG manufactures and distributes aerospace…