In re Wholesale Grocery Products Antitrust Litigation - 09-MD-2090
This multidistrict litigation concerns allegations that the two largest wholesale grocers in the country, Supervalu and C&S Wholesale Grocers, secretly agreed that Supervalu would not compete with C&S in C&S's home market, New England, in exchange for C&S not competing with Supervalu in Supervalu's home market, the Midwest. The plaintiffs are direct purchasers of wholesale grocery products from Defendants Supervalu and C&S. They allege that the agreement between Supervalu and C&S resulted in artificially inflated prices on wholesale grocery products, and they seek overcharge damages for supra-competitive prices.
The Judicial Panel on Multidistrict Litigation determined that the Supervalu and C&S antitrust cases involved common questions of fact and that centralization of the cases in Minnesota was appropriate. All similar antitrust cases by direct purchasers against Supervalu and C&S were transferred to the District of Minnesota and assigned to the Honorable Ann D. Montgomery to coordinate discovery and other pretrial matters. Any subsequent Supervalu and C&S antitrust case filed in federal court will be transferred to the District of Minnesota and become part of MDL 09-2090 as a "tag along" case.