3rd Circ. Upholds Chocolate Giants' Win In Price-Fixing Row

By Brandon Lowrey (September 15, 2015, 8:20 PM EDT) -- The Third Circuit on Tuesday upheld a Pennsylvania federal judge's dismissal of class actions accusing Nestle USA Inc., The Hershey Co. and Mars Inc. of conspiring to raise the price of chocolates, saying the plaintiffs' evidence was too weak to prove an international conspiracy.

The appellate court concluded that while the plaintiffs offered a credible theory as to the chocolate companies' motives and showed instances where the companies appeared to behave inconsistently with a competitive market, they failed to present evidence showing the companies conspired.

"Evidence of a disconnected foreign conspiracy, limited possession of advance pricing information, mere opportunities to conspire...

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