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Judge Denies Class-Action in Supervalu/C&S Case

MINNEAPOLIS — A federal judge here has denied class-action status to retailers pursuing antitrust litigation against Supervalu and C&S Wholesale Grocers as a result of the wholesalers’ 2003 asset swap.

Plaintiffs in the case alleged that the asset swap agreement between the wholesaler eliminated competition and led to higher prices, but in an opinion published this week, U.S. District Court Judge Ann Montgomery said the retailers failed to provide evidence that prices increased uniformly following the swap in New England or the Midwest, the two areas affected by the swap.

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