On Feb. 26, 2014, in In re Chocolate Confectionary Antitrust Litigation, the Pennsylvania district court that previously certified a class of direct chocolate purchasers suing Mars, Inc., Nestle USA Inc., and The Hershey Co., dismissed the class action on grounds of insufficiency of evidence. Following approximately six years of litigation, a comprehensive merits discovery during which the plaintiffs had “nearly unfettered access to defendants’ records,” and hundreds of depositions, the court concluded that the plaintiffs presented the court with “nothing more than speculation,” and the court could not find that anything scandalous or improper occurred within the United States. The court noted that the chocolate defendants had increased their prices in a parallel manner during the relevant time period. Notwithstanding this parallel conduct, the court found that the plaintiffs were unable to demonstrate that these actions resulted from something other than the heavily concentrated nature of the chocolate market. - See more at: http://www.mcguirewoods.com/Client-Resources/Alerts/2014/3/March-Antitrust-Bulletin.aspx#sthash.w10yz9c7.dpuf