Welcome to the Wholesale Grocery Products Antitrust Litigation Website
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.
In April 2018, a jury trial was held before Judge Ann D. Montgomery in the District of Minnesota for claims by the five Midwest Plaintiff classes defined below against the remaining Defendant C&S. On April 19, 2018, the jury returned a verdict in favor of Defendant C&S. On April 20, 2018, the Court entered judgment in favor of C&S. Class Counsel for the five Midwest Plaintiff classes timely appealed the judgment and have requested a hearing by the Court of Appeals. Briefing on the appeal will conclude in Fall 2018. You should check the website regularly for updates on the case.
Who is Affected?
The lawsuit is 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.
Complete details are found in the Class Notice, available on the Important Documents page.