The amended complaint does not fundamentally change the case; instead, it expands on the original allegations with additional examples intended to support the plaintiffs’ contention that competitors engaged in unlawful coordination rather than independent pricing decisions. 

For example, plaintiffs added a new “Continuing Violation” section, alleging that manufacturers’ conduct has not ended and continues to affect HVAC equipment prices today. According to the complaint, “As alleged herein, Defendants’ public statements made even after this lawsuit was initiated confirm the continuing nature of their conspiracy.” 

In addition, the amended complaint expands the plaintiffs' allegations regarding the exchange of market information, adding new claims involving subscription-based data aggregation services such as Pricefx and Convergence Data. Plaintiffs contend these tools provided manufacturers with detailed pricing and market intelligence that could have facilitated their ability to coordinate pricing. 

The amended complaint also includes a new section arguing that manufacturers shared a "common motive to conspire." Plaintiffs contend that a combination of economic and regulatory factors — including the COVID-19 pandemic, the transition to lower-GWP refrigerants, and updated energy efficiency standards — created common incentives for manufacturers to raise prices at the same time. As the complaint states, “Defendants had a common motive to develop and charge higher prices for new machines that complied with regulatory requirements, while ceasing production of old machines.” 

The filing also places greater emphasis on public communications, including earnings calls, investor conferences, and manufacturer price announcements. Plaintiffs argue that those communications demonstrate “price signaling” among competitors and devote additional discussion to the Air-Conditioning, Heating, and Refrigeration Institute's (AHRI's) statistical reporting programs and industry meetings. AHRI is not named as a defendant. 

In addition, the complaint continues to reference The ACHR NEWS, arguing manufacturers routinely announced price increases through trade media. The filing does not allege any wrongdoing by The ACHR NEWS or other trade publications. 

The litigation remains in its early stages, and the court has not ruled on the merits of the allegations. Based on similar cases, it is likely that manufacturers will challenge the amended complaint through motions to dismiss, arguing that the allegations describe lawful parallel business conduct rather than an unlawful agreement. Plaintiffs are seeking treble damages and the costs of the lawsuit, “including reasonable attorneys’ fees.”