High Fructose Corn Syrup Litigation

Berger & Montague, as one of three Co-Lead Counsel, recovered settlements totaling $531 million on behalf of a class of direct purchasers of high fructose corn syrup (HFCS). HFCS is the principal sweetener used in non-diet sodas as well as in many bakery and dairy products. The recovery is one of the five largest recoveries ever in an antitrust class action.  The settlements followed nine years of hard-fought litigation, including over 100 depositions, the production of millions of pages of documents, and subpoenas to dozens of third parties. The case also included four complete interlocutory appeals to the Seventh Circuit, where Berger & Montague's efforts helped to uncover crucial tape-recorded evidence and reverse the district court's dismissal of the case at the summary judgment stage in 2000. The parties agreed to settle the case only weeks before the scheduled start of trial.