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The Le Crem Electric Facial Bed features 4 motors that allow it to adjust easily and quickly to provide the correct positioning for facials and other treatments. It is fully adjustable to ensure maximum comfort for both client and technician. The removable pillow with face-cutoutalong with the removable armrests and footrest extension add to the comfort satisfaction for all clients. This bed also easily converts from a flat bed to a chair position.
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To apply the requirement of injury to "competitive position" in a price-fixing conspiracy case would be plainly impracticable. This is particularly so here where it is alleged that defendants hold 90% of the market for sliders. In a case such as this, virtually all of the purchasers at each level in the manufacturing and distribution process are affected equally by the overcharges. Thus no one purchaser at a particular level sustains injury to its position relative to its competitors on the same level. If the GAF Corp. rule were applied in a price-fixing case such as this, not even an immediate purchaser would have standing if all such immediate purchasers were equally harmed. Ostensible competitors who were part of the conspiracy neither could nor would sue. Thus it appears that no one would have standing to bring a private action under 1. I do not believe that the court in GAF Corp. intended that result. To satisfy the requirements of GAF Corp., it should be sufficient to allege that plaintiffs were "harmed by the anticompetitive effects" of the price-fixing agreement. 463 F.2d at 759. In addition, plaintiffs must show that their damages were proximately caused by the "anticompetitive effects." Billy Baxter, Inc. v. Coca Cola Co., supra, 431 F.2d at 187.[12] Construing paragraph 24 of the complaint most favorably to the plaintiffs, the allegations therein clearly satisfy these requirements. Beyond these criteria and the requirement that the *294 damages not be too "speculative and difficult to prove," the target-area concept, as applied in 1 cases, may include a more general requirement that the harm to plaintiffs not be "incidental." S.C.M. Corp. v. Radio Corporation of America, supra, 407 F.2d at 169; Productive Inventions, Inc. v. Trico Products Corp., 224 F.2d 678, 679 (2d Cir. 1955), cert. denied, 350 U.S. 936, 76 S. Ct. 301, 100 L. Ed. 818 (1956); see International Railways of Central America v. United Brands Co., supra, 358 F. Supp. at 1370. Like the other elements of the "target-area" requirement, this issue must be decided on the facts of each case. Productive Inventions, supra, 224 F.2d at 680. On a motion to dismiss, it cannot be said that the injury sustained by a purchaser one or two stages from an illegal overcharge is an "incidental" effect of a price-fixing conspiracy.
On the date of publication, Josh Enomoto did not have (either directly or indirectly) any positions in the securities mentioned in this article. The opinions expressed in this article are those of the writer, subject to the InvestorPlace.com Publishing Guidelines. 041b061a72