Welcome to the Wholesale Grocery Products Notice of Pendency Website
You May Be Affected by a Class Action If You Paid Supervalu ABS Fees in All Four Supervalu ABS Product Categories on Wholesale Grocery Products Purchased from Supervalu’s Champaign, Green Bay, Hopkins, or Pleasant Prairie Distribution Centers between December 31, 2004 and September 13, 2008.
Para una notificación en Español, hacer clic aquí.
What is this About?
There is a class action lawsuit in the United States District Court for the District of Minnesota which may affect you. The Plaintiffs allege that the Defendants — two competing grocery wholesalers, Supervalu Inc. and C&S Wholesale Grocers, Inc. — agreed not to compete with each other for wholesale grocery customers in certain states, and that these customers incurred damages as a result.
A Settlement has been reached with Supervalu for members of the Champaign DC Non-Arbitration Class. THIS SETTLEMENT ONLY AFFECTS THE CHAMPAIGN DC NON-ARBITRATION CLASS. For more information on this settlement, go to the Settlement Information page.
The remaining Defendant C&S denies these allegations and believes their conduct has been lawful at all times, and the Court has not decided whether C&S did anything wrong.
Who is Affected?
The lawsuit is proceeding as a class action on behalf of five Classes of customers located in Illinois, Indiana, Iowa, Michigan, Minnesota, Ohio, or Wisconsin that paid fees based on Supervalu’s pricing system, called Activity Based Sell (“ABS”), on wholesale grocery products which they purchased:
- in all four Supervalu ABS product categories (grocery, dairy, frozen, and general merchandise/health and beauty care);
- directly from Supervalu’s Distribution Centers in Champaign, IL, Hopkins, MN, Green Bay, WI, or Pleasant Prairie, WI;
- from December 31, 2004 through September 13, 2008.
The five Classes are identified and described in full in the Class Notice, which is available for download on the Important Documents page.
What are your Options?
If you are a Class Member and wish to remain in any of the Classes, you do not need to take any action at this time. If there is a recovery in the case in the future, you will be notified as to how and when to file a claim. If you remain in a Class, you will be bound by the outcome of the lawsuit.
If you wished to exclude yourself from this lawsuit, you must have submitted or postmarked a Request for Exclusion by July 1, 2017. This deadline has passed.
If you remain in a Class, the Court has appointed lawyers to represent you at no cost to you (“Class Counsel”). They will pursue the lawsuit against the Defendants. You do not have to but you may hire your own lawyer at your own expense. If Class Counsel obtains money for the Classes, they will ask the Court for an award of fees and expenses. You will not have to pay these fees and expenses directly. If the Court grants Class Counsel’s request, the fees and expenses would be paid by Defendants or from a common settlement fund.
Complete details are found in the Class Notice, available on the Important Documents page.