In re Wholesale Grocery Products Antitrust Litigation

Case Updates

The Eighth Circuit reversed the district court's ruling that equitable estoppel bars the retailers from asserting antitrust claims in federal court.

NCLC urged the Eighth Circuit Court to reaffirm that the enforcement of arbitration agreements under the Federal Arbitration Act (FAA) may not be conditioned on the availability of class procedure. In this case, plaintiffs seek to evade arbitration agreements and pursue class action claims arising under federal antitrust laws. In its amicus brief, NCLC argued that the Supreme Court clearly ruled against exemptions based on the availability of class procedure in AT&T Mobility v. Concepcion, and that Congress has not authorized any exceptions to the FAA for federal antitrust claims. NCLC also argued that the plaintiff’s claims can be effectively vindicated through individual arbitration. Not upholding the right to individual arbitration would undermine millions of existing agreements and erode the benefits offered by arbitration, as a prompt, efficient, and inexpensive alternative to litigation.