D&G, Inc. v. SuperValu, Inc., et al.

D&G filed suit against wholesalers under Section 1 of the Sherman Act, 15 U.S.C. 1, and Section 4 of the Clayton Act, 15 U.S.C. 15(a), and moved for class certification. The court concluded that this case presented a factual dispute about the real terms of the wholesalers' agreement and this genuine material factual dispute prevented summary judgment as to whether a per se violation occurred; the court denied summary judgment under the rule of reason where D&G submitted enough evidence to create a genuine factual dispute about the relevant market and the injury caused by the wholesalers' alleged antitrust violation; the district court did not abuse its discretion in denying class certification for all SuperValu customers in the Midwest region; the court vacated the denial of D&G's request to certify a narrower class of SuperValu customers who were charged according to the ABS formula and supplied from Champaign, Illinois; and the district court correctly concluded that 15 U.S.C. 15b does not render D&G's claims untimely. Accordingly, the court affirmed in part, reversed in part, vacated in part, and remanded for further proceedings. View "D&G, Inc. v. SuperValu, Inc., et al." on Justia Law