The US court of appeals has upheld a dismissal of an antitrust lawsuit against confectioners Hershey, Mars Inc and Nestle.

An appeal was filed by retailers Kroger, Safeway and Walgreen against a 2014 decision to dismiss the case which alleged the three had conspired to fix prices in the US three times between 2002 and 2007.

Go deeper with GlobalData

Data Insights

The gold standard of business intelligence.

Find out more

Related Company Profiles

View all

In the latest decision on the case, the court ruled there was insufficient grounds to overturn the earlier decision.

"Lacking direct evidence, the plaintiffs rely on circumstantial evidence to raise a reasonable inference of a conspiracy. The District Court found, and the parties do not dispute, that the plaintiffs presented sufficient evidence of parallel pricing.

"Although our analysis does not exactly mirror the District Court’s, we agree with the District Court’s conclusion: the evidence in this case calls for summary judgment in favour of the chocolate manufacturers," read a court filing.

See Also:

The ruling follows a decision last week from the Public Prosecution Service in Canada to drop a case against Mars, two years after accusing the Snickers maker of conspiring with Nestle and Hershey.

How well do you really know your competitors?

Access the most comprehensive Company Profiles on the market, powered by GlobalData. Save hours of research. Gain competitive edge.

Company Profile – free sample

Thank you!

Your download email will arrive shortly

Not ready to buy yet? Download a free sample

We are confident about the unique quality of our Company Profiles. However, we want you to make the most beneficial decision for your business, so we offer a free sample that you can download by submitting the below form

By GlobalData
Visit our Privacy Policy for more information about our services, how we may use, process and share your personal data, including information of your rights in respect of your personal data and how you can unsubscribe from future marketing communications. Our services are intended for corporate subscribers and you warrant that the email address submitted is your corporate email address.

The Canadian body did continue with charges against Nestle Canada and its former president, Robert Leonidas.

The charges stemmed from an investigation launched in July 2007, after the bureau was contacted by Cadbury Adams Canada Inc. The Bureau’s investigation allegedly uncovered evidence that Nestlé Canada Inc., ITWAL Ltd.,

Mars Canada Inc., Robert Leonidas, Sandra Martinez and David Glenn Stevens were allegedly involved in an agreement to fix the prices of chocolate confectionery products in Canada.

Hershey had pleaded guilty to charges in June 2013.