Wholesale Grocery Antitrust Claims Revived By 8th Circ.

Law360, New York (February 13, 2013, 6:08 PM EST) -- The Eighth Circuit on Wednesday revived claims from several retail groceries accusing SuperValu Inc. and C&S Wholesale Grocers Inc. of conspiring to hike prices, ruling that arbitration agreements the retailers inked with certain wholesalers don't necessarily bar the antitrust suit.

In a split decision, an appeals panel ruled that the retailers weren't blocked from bringing antitrust claims against the wholesalers in federal court by a legal principle known as equitable estoppel, which bars plaintiffs from making claims that contradict an earlier position that a defendant relied...
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