Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Supreme Court declines review in milk price fixing suit, (Apr 28, 2015)

By Greg Hammond, J.D.

The U.S. Supreme Court will not review a Ninth Circuit decision, denying the appeal of a class certification order (2014-2 Trade Cases ¶78,910) entered by the federal district court in Oakland, California. The Oakland court certified a class of approximately 46 million consumers from 14 states and the District of Columbia to challenge an alleged conspiracy to limit the production, and thereby increase the price of raw milk (National Milk Producers Federation v. Edwards, Dkt. 14-1078).

In its petition for review, the National Milk Producers Federation asked: (1) Whether a court may certify a class action without fully determining whether the plaintiff class had introduced admissible evidence, including expert testimony, to show that the case is susceptible to finding injury and damages on a class-wide basis; and (2) whether a court’s express refusal to resolve factual issues relevant to certification and to consider defendants’ evidence challenging the plaintiff class’ ability to prove injury and damages on a class-wide basis contravenes the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, and Comcast Corp. v. Behrend, 133 S. Ct. 1426, 2013-1 Trade Cases ¶ 78,316.

Companies: National Milk Producers Federation

News: Antitrust