9th Circ. Reverses Ruling On Grocers' Profit-Sharing

Law360, New York (July 12, 2011, 6:57 PM EDT) -- In an en banc ruling, the Ninth Circuit said Tuesday that a profit-pooling agreement between California’s largest supermarkets during a period of mutual labor strife did not violate competition law, overturning a three-judge panel's earlier decision.

A three-judge panel in August had overturned a district court's ruling that a so-called mutual strike assistance agreement — in which Ralphs Grocery Co. and Food 4 Less Co. paid Vons Cos. Inc. and Albertsons Inc. approximately $146.2 million in the wake of a 141-day strike in October 2003 —...
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