On December 15, 2009 Judge Ann Montgomery of the U.S. District Court for the District of Minnesota appointed Kotchen & Low LLP as Co-Lead Interim Class Counsel in In re Wholesale Grocery Products Antitrust Litigation, MDL 2090. Kotchen & Low LLP represents a proposed class of retail grocery stores that purchased wholesale grocery products from Defendants C&S Wholesale Grocers Inc. or Supervalu Inc. and allege that the two defendants engaged in a per se unlawful customer and territorial allocation conspiracy in connection with an asset swap agreement.
In the order appointing Kotchen & Low LLP, Judge Montgomery stated that: “the Court finds that Kotchen & Low’s efforts in originating the first action that was filed in the multi-district litigation warrants their inclusion as co-lead counsel.”
Kotchen & Low filed the original complaint in this case in December 2008. Several cases making virtually identical allegations were filed by other law firms, and the cases were consolidated before Judge Montgomery by the Judicial Panel on Multidistrict Litigation in October 2009. Plaintiffs filed a Consolidated Amended Class Action Complaint on January 4, 2010.