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3rd Circ. Nixes $35M Toys R Us Antitrust Deal As Unfair

By Bill Donahue

Law360, New York (February 19, 2013, 6:25 PM ET) -- The Third Circuit on Tuesday vacated a $35 million settlement of a lawsuit that claimed Toys R Us colluded with manufacturers to restrict prices on baby products, ruling it unreasonable that only $3 million of the fund was earmarked for consumers.

The appeals court agreed with objecting class members that the current allocation of most of the fund — $14 million for attorneys fees and $18.5 million in so-called cy pres distributions to charity — was not ideal for compensating the class members.

Under the cy...

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