Pogust Goodhead has filed an antitrust class action lawsuit in the United States District Court for the Eastern District of Virginia against infant formula manufacturers.
On July 20 2024, Pogust Goodhead and its co-counsel filed an antitrust class action lawsuit on behalf of individuals who indirectly purchased Store-Brand infant formula that was manufactured or sold by Perrigo from April 22 2020 to the present.
Store-Brand infant formula is sold under private label brands by retailers including:
- Walmart
- Kroger
- CVS
- Target
- and others, in their chain stores
Defendant Perrigo is the dominant manufacturer of Store-Brand infant formula in the United States. The complaint alleges that Perrigo entered into an illegal agreement with Gerber (which sells infant formula but not Store-Brand infant formula) which prevented Gerber from selling its excess capacity to any potential new Store-Brand infant formula competitor, enabling Perrigo to preserve its monopoly. By keeping competition out of the Store-Brand infant formula market, Perrigo was able to charge illegally inflated prices for these products.
The lawsuit alleges that defendants’ actions constitute violations of federal and state antitrust laws and state consumer protection laws. Plaintiffs and the class also allege that defendants have and will continue to be unjustly enriched by the receipt of unlawfully inflated prices and unlawful profits from their sale of store-brand infant formula.
The case is Conry, et al v. Gerber Products Company, et al.
Pogust Goodhead’s competition and antitrust team has extensive experience representing victims of all types of anticompetitive conduct, from price-fixing cartels to illegal monopolies.
If you have any questions or information related to the sugar price-fixing case, please contact Jeffrey Gittleman or another member of the team below. For media enquiries, please contact cknecht@pogustgoodhead.com.
