Co-Lead Counsel for Direct Purchasers of “K-Cup” Coffee Pods in Class Action Alleging Keurig’s Unlawful Monopolization of Compatible Cup Market

Matter ongoing

In re: Keurig Green Mountain Single Serve Coffee Antitrust Litigation, 14-md-02542 (S.D.N.Y.)

Robins Kaplan serves as court-appointed co-lead counsel on behalf of a class of direct purchasers of K-Cups, the pods compatible with Keurig-brand coffee makers. In this multidistrict litigation, plaintiffs allege that Keurig unlawfully monopolized the market for “compatible cups” (e.g., cups compatible with Keurig’s single-serve brewer) through a multifaceted anticompetitive scheme designed to exclude competitors, allowing the company to charge inflated prices for K-Cups. Keurig reports net sales of Keurig brewers and K-Cups of approximately $4 billion per year. 

Plaintiffs allege that Keurig’s anticompetitive actions include, among other things, eliminating potential competitors by acquiring them; coercing suppliers, distributors, and retailers to enter into unduly restrictive exclusive dealing agreements that have the effect of raising barriers to market entry for competitors; pursuing sham patent litigation against competitors; and developing a new model K-Cup brewer with “lock-out” technology designed to prevent cups not manufactured by Keurig from working with the brewer. 

Litigation on behalf of the direct purchaser class remains ongoing. Also included in the multi-district litigation are two antitrust actions filed by competing manufacturers of cups designed to work in K-Cup brewers, a complaint filed by indirect purchasers of K-Cups, and individual actions filed by several direct purchasers. Indirect purchaser plaintiffs reached a settlement of $31 million with Keurig in late 2020, which was granted final approval in June of 2021.

Past results are reported to provide the reader with an indication of the type of litigation we practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.

Ellen Jalkut


Pronouns: she/her

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