CHOCOLATE
This class action alleges that the Defendants unlawfully conspired to raise, maintain, fix, and/or stabilize prices at which Chocolate Products were sold in Canada. The term "Chocolate Products" refers to any and all chocolate confectionary products of the Defendants.
The plaintiff alleges that from at least February 1, 2001 to November 28, 2007, the Defendants and their senior executives participated in illegal and secretive meetings and made agreements relating to price targets, specific price increases, market share divisions and production capacity for Chocolate Products.
Canadian Settlements
Separate settlements have been reached in Canada with:
- Cadbury Adams Canada Inc. and Cadbury Holdings Limited (formerly known as Cadbury Schweppes PLC) (collectively referred to as “Cadbury”)
- ITWAL Limited (“ITWAL”)
- Hershey Canada Inc. and The Hershey Company (collectively referred to as“Hershey”)
Litigation is continuing against: Nestlé Canada, Inc., Mars, Incorporated, and Mars Canada Inc.
Hershey Settlement
The Hershey settlement is subject to court approval in Ontario, British Columbia and Quebec. A joint hearing to approve the settlement will be held before the Ontario, British Columbia and Quebec courts on May 28, 2012 at 11 a.m. PST. / 2 p.m. EST.
Cadbury and ITWAL Settlements
The Cadbury and ITWAL settlements were approved by the Ontario Court on May 21, 2010, the British Columbia Court on June 10, 2010 and the Quebec Court on August 23, 2010. The Non-Settling Defendants in the Ontario action filed an appeal with respect to the settlement approval order which was dismissed by the Court of Appeal on December 7, 2010. The non-settling defendants then sought leave to the Supreme Court of Canada. Their application was dismissed on July 7, 2011.
- Cadbury Settlement Agreement
- ITWAL Settlement Agreement
- Cadbury & ITWAL Settlement Approval Reasons, dated May 5, 2010
- Fee Approval Reasons, dated May 13, 2010
- Cadbury Settlement Approval Order, dated May 21, 2010
- ITWAL Settlement Approval Order, dated May 21, 2010
- Class Counsel Fees and Disbursements Approval Order, dated May 21, 2010
- Endorsement of the Ontario Court of Appeal dismissing the appeal of the non-settling defendants
- Endorsement of the Supreme Court of Canada dismissing the application for leave to appeal by the non-settling defendants
Certification
On or about August 16, 2011, the Plaintiffs in the Ontario Action served their certification record, seeking to certify a national class. The certification motion is scheduled to be heard on January 29-February 1, 2013.
For further information concerning this action, please contact Jennifer Bald at 1-800-461-6166 ext 2455 or email Jennifer by clicking on the Contact us link below.