Wholesale Grocery Suppliers Beat Antitrust Suit

The consolidated antitrust action was filed on behalf of grocery stores in 13 states alleging that their grocery suppliers, C&S and SuperValu, colluded to consolidate regional market power in violation of the Sherman Act and the Clayton Act.

January 14, 2013

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Law360, New York (January 14, 2013, 6:14 PM ET) -- A Minnesota federal judge Friday dismissed the claims of the two remaining plaintiffs in a suit alleging wholesale grocery suppliers SuperValu Inc. and C&S Wholesale Grocers Inc. conspired to inflate prices by entering into a noncompete agreement. 

U.S. District Judge Ann D. Montgomery granted the defendants' summary judgment motion in a Jan. 11 opinion, finding that D&G Inc. and DeLuca’s Market Corp. failed to demonstrate how the two largest U.S. wholesale grocery companies harmed competition when they swapped distribution centers located in each other’s territories and agreed not to solicit customers of the transferred facilities for five years afterward.

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K. Craig Wildfang

Partner

Co-Chair, Antitrust and Trade Regulation Group

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