District Court Dismisses Antitrust Suit Against SUPERVALU

Judge Finds No Evidence of Restrained Trade, Injury to Plaintiffs

January 2013

MINNEAPOLIS (January 2013) – The U.S. District Court for the District of Minnesota has issued a summary judgment order dismissing for lack of evidence a multi-district antitrust lawsuit against firm client SUPERVALU Inc. District Judge Ann D. Montgomery also refused to revisit her July 2012 decision to deny class certification in the case, again citing lack of evidence.

“We are pleased by this result for our client, which ends more than four years of litigation on a matter that was without merit from the start,” said Robins, Kaplan, Miller & Ciresi L.L.P. partner Stephen P. Safranski, lead trial counsel to SUPERVALU. 

The suit arose out of an antitrust challenge brought by several grocery retailers to a 2003 Asset Exchange Agreement between SUPERVALU and C&S Wholesale Grocers, Inc. 

“In her order, Judge Montgomery found that there was no evidence that would permit a reasonable jury to find that the Asset Exchange Agreement unreasonably restrained trade or resulted in any injury to the plaintiff retailers,” said Safranski. 

Regarding her decision not to reconsider class certification, Judge Montgomery wrote: “Given the lack of an antitrust injury…no narrowing of the class action will remedy this fundamental shortcoming.”

Click on the link below to read the order.

Memorandum Opinion and Order In re Wholesale Grocery Products Antitrust Litigation

Stephen P. Safranski


Co-Chair, Antitrust and Trade Regulation Group

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