6th Circuit Reverses Order Granting Summary Judgment Against Monopolization Claims, Holding That "Quick Look" Rather Than "Rule Of Reason" Applied

On Jan. 3, 2014, the 6th U.S. Circuit Court of Appeals revived a price-fixing suit brought by milk retailers, reversing the district court's grant of summary judgment in favor of defendants. In Re Southeastern Milk Antitrust Litig., No. 12-5457 (6th Cir. Jan. 3, 2014). The retailers claimed that an agreement among Dean Foods Co., Dairy Farmers of America, and National Dairy Holdings had given Dean Foods a monopoly in the processed milk market and caused prices to rise. Specifically, the retailers alleged that to secure U.S. Department of Justice approval of its merger with Suiza Foods, Dean Foods sold certain factories to National Dairy Holdings, an entity that was supposed to compete with Dean Foods but allegedly was a sham company established by Dairy Farmers of America. The retailers further alleged that Dean Foods and National Dairy Holdings agreed not to compete by reducing capacity and allocating markets for the purpose of raising the price of bottled milk. The