C&S Dodges Suit Over Scheme to Split Wholesale Groceries Market

C&S Wholesale Grocers Inc. doesn’t have to face antitrust claims over its alleged market allocation scheme with SuperValu Inc., the Eighth Circuit ruled, rejecting a bid by independent groceries to revive the case.

The lawsuit—one of five consolidated proposed class actions—targeted an “asset exchange” the two wholesalers executed after C&S bought most of the assets of Fleming, a bankrupt competitor.

Northeast-based C&S traded its new Minnesota properties and customers to SuperValu, which is based there, and got SuperValu’s New England assets in return. The companies allegedly agreed not to compete for several years over customers affected by the deal. ...