The plaintiffs brought a motion to certify a class action against major producers and retailers of packaged bread, as well as their parent companies, alleging a 16-year price-fixing conspiracy.
The court certified the action against the producer and retailer defendants on behalf of direct and indirect purchasers of packaged bread.
However, the court refused to certify the claims against the parent companies, finding no material facts pleaded to support their involvement.
The court also refused to certify claims on behalf of 'umbrella purchasers' (those who bought fresh bread or packaged bread from non-defendants), finding no plausible methodology to prove that the price-fixing of packaged bread caused an actionable increase in the prices of those non-competing or diverse products.
