Facing accusations of price fixing, the nation’s leading chocolate manufacturers have persuaded a federal judge in Harrisburg, Pa., to certify an immediate appeal of his decision not to dismiss 87 consolidated antitrust suits.
Lawyers will be closely watching the interlocutory appeal in In re Chocolate Confectionary Antitrust Litigation because it promises to give the 3rd U.S. Circuit Court of Appeals its first opportunity to define the scope and effect of the U.S. Supreme Court’s seminal May 2007 7-2 decision in Bell Atlantic Co. v. Twombly on price-fixing cases.
