Law360, New York (January 14, 2013, 6:14 PM EST) -- A Minnesota federal judge Friday dismissed the claims of the two remaining plaintiffs in a suit alleging wholesale grocery suppliers SuperValu Inc. and C&S Wholesale Grocers Inc. conspired to inflate prices by entering into a noncompete agreement.
U.S. District Judge Ann D. Montgomery granted the defendants' summary judgment motion in a Jan. 11 opinion, finding that D&G Inc. and DeLuca’s Market Corp. failed to demonstrate how the two largest U.S. wholesale grocery companies harmed competition when they swapped distribution centers located in each other’s territories and agreed not to solicit customers of the transferred facilities for five years afterward.
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