The Ace Pro Sound and Recording, LLC v. Guitar Center, Inc. et al. case dates back to November 29, 2005. The complaint accused GC, Albertson, and seven manufacturers engaged in various alleged activities in violation of federal and state antitrust laws and miscellaneous common laws.
According to GC, in the 20 months since this initial complaint was filed by Ace Pro Sound, the complaints have been amended and revised numerous times and, with each revision and judgment by the court, the subsequent revised claims by the plaintiff against GC and the defendants continue to dramatically lessen as well as become more narrowed in focus. GC said a clear example of this ongoing diminishing of complaints occurred almost immediately when, within the first five months of the case, the plaintiff abandoned an alleged violation of the Antidumping Act of 1916, as well as additional common law violations. The claims continued to lessen within the last two months as the alleged violations of federal and state racketeering acts by Albertson were also completely dismissed by the court, and the court additionally granted a motion to strike a claim for consequential damages brought under the Florida Deceptive and Unfair Trade Practices Act.
Despite rumors to the contrary, a GC spokesman said the lawsuit in no way affects the sale of the company to Bain Capital, which is expected to close in the fourth quarter.
Feinstein could not be reached for comment.
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