Chocolate Confectionary Antitrust Litigation
United States District Court for the Middle District of Pennsylvania
Product:chocolate singles and Kings
Class Period Start:December 1, 2002
Class Period End:December 1, 2007
Berger & Montague is Co-Lead Counsel on behalf of a
class of direct purchasers of chocolate singles and Kings in a case
alleging that Defendants, the dominant manufacturers of chocolate
candy, engaged in a conspiracy to fix prices for standard and King
size single-serve chocolate candy products in the U.S. from at
least December 2002 until at least December 2007.
On December 7, 2012, Judge Conner granted Direct Purchaser
Plaintiffs' motion for class certification and denied Defendants'
motion to exclude the testimony of Plaintiffs' experts. The
Court's ruling followed a three-day evidentiary hearing regarding
class certification as well as extensive briefing on class
certification and the motions to exclude Plaintiffs' experts.
In its opinion, the Court noted, "Direct Purchasers' team of
attorneys is experienced and has demonstrated active, very
competent, and very professional representation throughout these
proceedings." In re Chocolate Confectionary Antitrust
Litig., 289 F.R.D. 200, 218 (M.D. Pa. 2012).
On February 1, 2013, the Third Circuit Court of Appeals
denied Defendants' petition for leave to appeal the order granting
Previously, on December 12, 2011, Judge Conner granted
final approval of a settlement with the Cadbury Defendants.
The litigation is continuing against the Hershey Defendants, Mars
Defendants, and Nestlé USA, Inc.