In Re: Chocolate Confectionary Antitrust Litigation

A class action lawsuit brought by, and on behalf of, direct purchasers of chocolate candy, is currently pending. Plaintiffs allege that, beginning as early as December 9, 2002 and continuing through and including December 20, 2007, Defendants engaged in an unlawful conspiracy to fix, raise, maintain or stabilize the prices of chocolate candy in violation of federal antitrust laws. Plaintiffs allege that, as a result of the unlawful conspiracy, they and other direct purchasers paid more for chocolate candy than they would have paid absent the conspiracy. Defendants deny Plaintiffs’ allegations.

A settlement has been reached with Cadbury Adams Canada, Inc., Cadbury Holdings, Ltd., and Cadbury plc (collectively, "Cadbury"). The litigation is continuing against The Hershey Company, Hershey Canada, Inc., Mars, Inc., Mars Snackfood US, LLC, and Nestlé U.S.A., Inc.

On December 12, 2011, the Court granted final approval of the Cadbury settlement. Under the Settlement Agreement, Cadbury has paid $1,312,500.00 into an account for the benefit of the Direct Purchaser Class Plaintiffs. Class Counsel received approval from the Court to use the entire Settlement Fund to pay such expenses as may reasonably be incurred in the prosecution of this lawsuit against the remaining Defendants. There will not be any payments to members of the Settlement Class from the Settlement Fund.

If you have any questions concerning the foregoing, you may direct them to Class Counsel:

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