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Bid to Dismiss Keurig Single-Serve Antitrust MDL Denied

Elizabeth DiNardo, Esq. | Associate Counsel


On November 29, 2017, U.S. District Judge Vernon S. Broderick rejected defendant Keurig Green Mountain’s request to dismiss claims in the single-serve coffee antitrust multidistrict litigation (“MDL”).

The MDL was created in June 2014 in the Southern District of New York. Plaintiffs in the MDL are direct purchasers who similarly allege that Keurig and its parent company, Green Mountain Coffee Roasters Inc., have gained, and maintained, a foothold in the single-serve coffee pod market through anticompetitive means. Defendants are accused of spreading false stories to consumers that using plaintiff Rogers’ coffee pods will cause Keurig 2.0 single-serve machines to malfunction. Plaintiffs also claim that defendants have forced distributors into exclusive agreements, attempted to dissuade retailers from selling competitors’ one-cup pods and even went so far as to file baseless patent infringement suits, all in an attempt to hold its market lead. 
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Attorneys for the plaintiffs allege that the suit hopes to gain fair prices and the return of consumer choice, both principals that plaintiffs argue are the bedrock of a competitive marketplace.

The case is: In Re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation, Case No.: 1:14-md-02542, in the United States District Court for the Southern District of New York.

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