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John David Melton, a Georgia man found guilty of participating in a bid-rigging and price-fixing scheme for ready-mix concrete contracts, announced Monday that he intends to appeal his conviction to the Eleventh Circuit. Melton, convicted in July alongside his brother Gregory Hall Melton, contests the jury’s finding that the brothers conspired to violate the Sherman Act through collusive practices involving tens of millions of dollars in contracts across the Savannah area.

Georgia concrete bid Rigging suit : Background on the Bid-Rigging Scheme

The Melton brothers were accused of orchestrating a scheme from 2010 to 2016 that included collusive bid submissions, price-fixing agreements, and allocation of contracts to avoid competition. Their trial followed guilty pleas from several co-conspirators, who testified that the Meltons used price-increase letters and coordinated bids to maintain inflated prices and avoid undercutting each other.

Prosecutors argued that the scheme allowed the brothers to control prices on concrete contracts for projects throughout Georgia’s Southern District and beyond, costing clients by artificially raising the cost of concrete supplies. The case was prosecuted under the Sherman Act, a federal law that prohibits monopolistic practices and anticompetitive behavior.

Challenges to Evidence and Request for New Trial

Melton’s appeal follows a failed bid for a new trial. He argued that the district court had improperly allowed testimony from former salesmen who described the Meltons’ activities as “illegal” over a dozen times, which he claims unfairly influenced the jury. However, U.S. District Judge R. Stan Baker denied this motion on October 11, stating that ample evidence supported the conviction, including testimony from five witnesses and seventy-two exhibits, which featured numerous audio recordings.

In his ruling, Judge Baker asserted that the “evidence overwhelmingly established the Meltons’ participation in a conspiracy to fix prices, rig bids, and allocate jobs for sales of ready-mix concrete.”

Georgia concrete bid Rigging suit : Next Steps in the Eleventh Circuit

Melton’s appeal will now proceed to the Eleventh Circuit, where he hopes to overturn the conviction. His case underscores the scrutiny on bid-rigging and price-fixing in the construction industry, as federal authorities continue to crack down on schemes that restrict competition and inflate costs.

The Eleventh Circuit’s decision could impact future interpretations of the Sherman Act in cases involving complex schemes across multiple actors and extended timeframes, particularly in highly competitive markets like construction.