If you purchased Keurig K-Cup Portion Packs from persons other than Keurig, you may be entitled to payment from a class action settlement

Jan 20, 2021 11:34 AM ET

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A Settlement has been reached in a class action lawsuit called In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation, MDL No. 2542, Master Docket No. 1:14-md-02542-VSB-SLC, Civil Action No. 1:13-03790-VSB-SLC, pending in the United States District Court for the Southern District of New York. The lawsuit alleges that Keurig Green Mountain, Inc. ("Keurig") monopolized or attempted to monopolize and restricted, restrained, foreclosed, and excluded competition in order to raise, fix, maintain, or stabilize the prices of Keurig K-Cup Portion Packs (single-serve beverage portion packs manufactured or licensed by Keurig that are compatible with Keurig brewers and generally displays the Keurig brand name or logo on the package) at artificially high levels in violation of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2, Section 3 of the Clayton Act, 15 U.S.C. § 14, and various state antitrust, unfair competition, consumer protection, unjust enrichment, and other laws.  Keurig denies the allegations.  The Court has not ruled on the merits of the claims.


Who Is A Class Member? All individuals and entities that purchased Keurig K-Cup Portion Packs in the United States and its territories, from persons other than Keurig and not for the purpose of resale, during the period September 7, 2010, to August 14, 2020 (except for claims under Mississippi —which are for purchases during the period from March 24, 2011, to August 14, 2020, and for purchases in Rhode Island —which are for purchases from July 15, 2013, to August 14, 2020) (collectively, the "Settlement Class Members").


What Are The Terms of the Settlement?  Keurig has agreed to pay $31 million into a "Settlement Fund" as described in the Stipulation of Settlement and Release ("Settlement Agreement").  The Settlement Fund will be used to pay Settlement Class Members who submit a timely and valid claim, after attorneys' fees and costs and other expenses have been deducted.  Settlement Class Members will give up certain rights to sue Keurig.  Any uncashed checks or amounts remaining in the Settlement Fund after payments are made to Settlement Class Members will be distributed cy pres to Consumer Reports.


How Do You Get a Payment?  Go to www.KeurigIndirectPurchaserSettlement.com to file or download the notice and a claim form.  Claims must be submitted online or postmarked and mailed no later than July 15, 2021.


What Are My Other Options?  If you do not want to be legally bound by the Settlement, you may send a request for exclusion no later than May 14, 2021.  If you exclude yourself, you will not receive any money, but you will keep your right to sue Keurig for the claims in the Actions as specified in the Settlement Agreement.  If you do not exclude yourself, you may object to the Settlement by writing to the Court explaining why you do not like the Settlement or the attorneys fees no later than May 17, 2021.  You will still be bound by the Settlement if your objection is rejected.  If you do nothing, you will not receive any Settlement benefits; you will be bound by the Settlement; and you will give up certain rights to sue Keurig. For details on how to opt out or object, please read the long form notice available at www.KeurigIndirectPurchaserSettlement.com.


Final Approval Hearing.  The Court will hold a hearing on June 4, 2021, at 10:00 a.m., Eastern,, at the U.S. District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007, or by telephonic or electronic means, to consider whether to approve the Settlement, attorneys' fees, expenses, and Class Representative service awards as detailed in the Notice.  You or your attorney may ask to appear and speak at the hearing at your own expense, but you don't have to.  The Final Approval Hearing date may change, so check the Settlement website regularly.


For More Information.  Visit www.KeurigIndirectPurchaserSettlement.com, write Keurig Indirect Purchasers Antitrust Settlement, c/o JND Legal Administration, P.O. Box 91382Seattle, WA 98111. or call toll-free 1-833-794-0948.  Class Counsel can also be contacted at www.kaplanfox.com, www.whafh.com, www.pswlaw.com, access the court docket through the Court's PACER System at https://ecf.nysd.uscourts.gov, or visit the office of the Clerk of the Court for the U.S. District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, New York, NY 10007.


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