Tolling requires concealment of the wrongdoing, plaintiff ignorance despite due diligence, and in some circuits affirmative acts of concealment beyond the conspiracy's inherent secrecy.
Circuits divide on whether self-concealing conduct suffices.
Alternative Names:
Antitrust Concealment|Concealment Tolling
Why it Matters?
Whether the conspiracy's inherent secrecy constitutes concealment divides the circuits, with some treating price fixing as self-concealing and others requiring affirmative acts beyond the conspiracy itself, which makes forum consequential for claims filed outside the four-year window. Due diligence is the separate defense, since public reporting or industry knowledge of pricing anomalies may have put plaintiffs on inquiry notice.
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Related terms
Frequently asked questions
What divides the circuits?
What is the separate defense?
