Berger & Montague serves as interim co-lead counsel
representing direct purchasers of filled propane exchange tanks in
a price-fixing lawsuit against the two dominant propane exchange
tank manufacturers, Ferrellgas, L.P (doing business as Blue Rhino)
and AmeriGas Propane, L.P.
Defendants Blue Rhino and AmeriGas together control over
80% of the U.S. market for filled propane exchange tanks, which are
primarily used to power outdoor grills.
Plaintiffs allege that, beginning no later than the spring of
2008, Blue Rhino and AmeriGas conspired to reduce the fill levels
in their propane tanks from 17 pounds to 15 pounds while still
charging the previous price and force major retailers to accept
that fill-level reduction. Plaintiffs also allege that the
defendants have continued to fix prices, allocate customers and
markets, and avoid competing with each other on price or fill
levels through at least 2010, and likely through the present day.
As a result, Plaintiffs allege they and the proposed class have
paid artificially inflated prices for filled propane exchange
On July 2, 2015, the district court dismissed the case, holding
that Plaintiffs' claims are time-barred. Plaintiffs have appealed
to the U.S. Court of Appeals for the Eighth Circuit. The appeal has
been fully briefed and awaits oral argument.
LEAD ATTORNEYS: H. Laddie Montague, Jr., Martin I. Twersky