Labaton Sucharow LLP serves on the Executive Committee in this lawsuit filed on behalf of a proposed class of Plaintiffs who purchased chocolate directly from Defendants, the world’s largest chocolate makers, including Hershey, Mars, Nestle and Cadbury.

Plaintiffs allege that, between December 2002 and the present, Defendants participated in a conspiracy to unlawfully fix prices of chocolate at above-market levels, in violation of the federal antitrust laws. The case is pending before the Honorable Judge Christopher C. Conner in the Middle District of Pennsylvania.

On March 4, 2009, the Court denied certain of the Defendants’ motions to dismiss, holding that Plaintiffs had adequately stated a plausible antitrust claim, and deferred a decision with respect to the remaining Defendants who moved to dismiss based on lack of personal jurisdiction. On August 11, 2009, the Court denied Defendant Cadbury PLC and Cadbury Holdings’ 12(b)(2) motions.