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8th Circ. Blocking Customer Division Claims, Grocers Say

Law360 (May 13, 2020, 7:00 PM EDT) — Grocers asked the full Eighth Circuit to rethink a panel ruling they say effectively eliminated customer allocation as a separate antitrust allegation.

The full circuit should address the panel’s late April ruling upholding a jury verdict in favor of C&S Wholesale Grocers Inc., the country’s largest grocery wholesaler, which was accused of conspiring to divvy up the U.S. market.

The grocers said in seeking an en banc rehearing Monday that the Eighth Circuit panel mistakenly cleared the district court verdict form requiring a jury finding that the defendant allocated both territory and customers in order to find it liable for an antitrust violation…

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