1st Circ. Throws Out Nestle Ice Cream Antitrust Suit

Law360, Los Angeles (September 2, 2011, 5:35 PM EDT) -- The First Circuit on Thursday affirmed a district court's dismissal of an antitrust suit against Nestle SA over a merger between one of its subsidiaries and an ice cream distributor in Puerto Rico, maintaining the plaintiff lacked standing to file suit.

Sterling Merchandising Inc. accused Nestle PR in 2006 of attempting to monopolize the Puerto Rican ice cream market when it merged with Payco Foods Corp. in June 2003 and acquired Dreyer's Grand Ice Cream Inc. the same year. The suit claimed Nestle and Payco subsequently...
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