A federal court has granted preliminary approval to an antitrust class action lawsuit settlement with Cadbury Holdings Ltd., Cadbury plc. and Cadbury Adams Canada, Inc. over allegations they conspired with other chocolate makers to fix the prices of chocolate candy. As a result, anyone who bought chocolate candy from Cadbury between 2002 and 2007 will be affected by the terms of the chocolate price fixing settlement.
The Cadbury settlement will resolve an antitrust class action lawsuit filed against the top chocolate-makers that accuses them of unlawfully conspiring to fix, raise, maintain or stabilize the prices of chocolate candy in violation of federal and state antitrust laws. The chocolate candy price fixing class action lawsuit alleges that as a result of this illegal conduct, consumers and retailers paid more than they would have paid if the conspiracy never took place.
Cadbury denies the allegations but has agreed to settle its portion of the class action lawsuit to avoid ongoing legal costs. The litigation is continuing against the remaining defendants: Hershey Canada, Inc., The Hershey Company, Mars, Inc., Mars Snackfood U.S., LLC and Nestle U.S.A., Inc.
The case is called In Re: Chocolate Confectionary Antitrust Lawsuit.
The Cadbury chocolate class action settlement affects two Classes of Consumers: those who purchased chocolate candy directly from a defendant for personal consumption or gifts between December 9, 2002 and December 20, 2007, and those who indirectly purchased chocolate candy from someone other than a Defendant (such as a retail store) for personal consumption or gifts during the same time period.
The Cadbury settlement also affects two Classes of Resellers: those who purchased for resale chocolate candy made by Defendants directly from any defendant, and those who purchased for resale chocolate candy made by Defendants from someone other than a Defendant (indirect purchase) between December 9, 2002 and December 20, 2007.
“Chocolate candy” refers to chocolate bars and other confectionary products made by a Defendant and packaged to be sold at retail.
Under the chocolate candy class action settlement, Cadbury has agreed to pay $1,312,500 to the Direct Purchaser Plaintiffs, $250,000 to the Indirect End User Plaintiffs, and $250,000 to pay for notice of the settlement to all Settlement Classes. Cadbury has also agreed to cooperate in the prosecution of the litigation against the remaining Defendants.
The Cadbury chocolate settlement does not provide any money for Class Members. Instead, the settlement money will be used to pay the litigation costs.
All Class Members who do not exclude themselves from the Cadbury chocolate settlement by October 21, 2011 will be bound by the terms of the settlement agreement. Those who wish to object to the settlement must do so by November 28, 2011.
More information on your rights in the Cadbury Chocolate Antitrust Class Action Lawsuit Settlement can be found at www.ChocolateSettlement.com.
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