In Re: Hydrogen ( 2009 )

Opinions of the United 2009 Decisions States Court of Appeals for the Third Circuit 1-16-2009 In Re: Hydrogen Precedential or Non-Precedential: Precedential Docket No. 07-1689 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2009 Recommended Citation "In Re: Hydrogen " (2009). 2009 Decisions. Paper 1959. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1959 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2009 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 07-1689 IN RE: HYDROGEN PEROXIDE ANTITRUST LITIGATION Arkema Inc., Arkema France S.A., FMC Corp., Kemira Chemicals Canada, Inc., Kemira OYJ, Appellants On Appeal from the United States District Court for the Eastern District of Pennsylvania D.C. Civil Action No. 05-cv-0666 and MDL No. 1682 (Honorable Stewart Dalzell) Argued April 17, 2008 Before: SCIRICA, Chief Judge, AMBRO and FISHER, Circuit Judges. ORDER AMENDING OPINION IT IS HEREBY ORDERED that the precedential opinion in the above-captioned case, filed December 30, 2008, be amended as follows: Page 2: Insert the names JOSEPH A. TATE, ESQUIRE CHRISTINE C. LEVIN, ESQUIRE after MICHAEL I. FRANKEL, ESQUIRE and before Dechert LLP Page 54, lines 6 through 8, which read: requirements is essential. Newton, 259 F.3d at 167 (quoting Falcon, 457 U.S. at 160) Falcon, 457 U.S. at 160; Newton, 259 F.3d at 167. Applying a presumption of impact based solely on shall read: requirements is essential. Newton, 259 F.3d at 167 (quoting Falcon, 457 U.S. at 160). Applying a presumption of impact based solely on BY THE COURT, /s/ Anthony J. Scirica Chief Judge DATED: January 16, 2009 CMD/cc: All Counsel of Record 2