Direct and indirect purchasers sought certification of a class action alleging unlawful price-fixing of high-fructose corn syrup and pass-through overcharges.
The majority held indirect purchasers may in principle sue, but certification failed for that group because there was no evidentiary basis that at least two members could self-identify as having purchased affected products during the class period.
It also held the direct purchasers’ constructive trust claim was plain and obvious to fail for lack of proprietary nexus and inadequacy of monetary remedy.
The appeal by the proposed indirect purchaser class was dismissed and the respondents’ cross-appeal was allowed.
Dissenting reasons would have found an identifiable class and certified the indirect purchaser claims.
