Keurig Green Mountain Single-Serve Coffee Antitrust Litigation- Indirect Purchasers

Did you purchase Keurig’s single serve coffee “k-cups” from a middleman or third party for your business or corporate entity between September 7, 2010 and August 14, 2020? (Slightly different time periods apply for purchases in RI and MS)

Indirect purchasers, i.e. purchasers of the product somewhere down the supply chain, may be entitled to compensation as a result of this litigation.

Settlement Total
$31,000,000
Settlement Total
Eligible Purchase Dates
9/7/10 - through 8/14/20
Eligible Purchase Dates
Deadline

0

days
Deadline

Background Information

This lawsuit is about Keurig’s alleged anticompetitive conduct that excluded competitors from the market for coffee “k-cups” that are compatible with Keurig’s single-serve brewer. As a result, purchasers of Keurig’s products alleged that Keurig’s anticompetitive conduct caused them to pay supracompetitive prices for compatible cups. Indirect purchasers have reached a $31M settlement with Defendant(s) per recently filed court documents.

Settlement Information


Filing Deadline: July 15, 2021


What is this case about?+

Indirect buyers allege that Keurig engaged in anticompetitive conduct that harmed, and continues to harm, indirect buyers who make hot beverages using Portion Pack Brewers manufactured and sold by Keurig. Buyers further allege that Keurig’s anticompetitive conduct ranges from conspiring with its major horizontal competitors in the coffee roasting business, engaging in extensive contracts in restraint of trade throughout the supply chain, tying sales of its Portion Pack Brewers to sales of its portion packs, and monopolization. Plaintiffs allege that by entering into an extensive web of anticompetitive written agreements with coconspirators and participants throughout the supply chain, Keurig gained control over every aspect of the Keurig Compatible Cup Market, enabling Keurig to exclude competition from this market.


Claims Period and Class Definition+

All individuals and entities in the United States and its territories that purchased Keurig K-Cup Portion Packs 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 law—which are for purchases during the period from March 24, 2011, to August 14, 2020, and Rhode Island Law—which are for purchases from July 15, 2013, to August 14, 2020). Excluded from the Settlement Class are Keurig and its predecessors, subsidiaries, parents, affiliates, joint venturers, and their directors and executive officers, and parties to any supply, retail, or distribution contracts with Keurig relating to Keurig K-Cup Portion Packs or Keurig brewers, as well as all federal governmental entities and instrumentalities of the federal government, states and their subdivisions, agencies and instrumentalities, any judge or jurors assigned to this case, Judge Farnan, and any putative members of the Settlement Class who timely and validly exclude themselves from the Settlement Class in accordance with the requirements set forth in an order granting preliminary approval of the Settlement Agreement between the Settlement Class and Keurig and applicable federal rules. 



Settlement Details+

A settlement of $31M has been reached between indirect purchasers and Keurig in exchange for the release of claims indirect purchasers may have against Keurig and other related relief. The value of any claim will be based on the location of the purchase of the Keurig K-Cup Portion Pack and the extent of a claimant's proof of purchase. There are varying tiers of values for claims based on these criteria.


Eligibility Formulas By State+

The value of any claim will be based on the location of the purchase of the Keurig K-Cup Portion Pack and any proof of purchase. The  value of a claim will be calculated as follows:

1. For Purchases Made in Repealer States (Arizona, Arkansas, California, District of Columbia, Hawaii, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsin and Guam):

  • If you have proof of purchase of a Keurig K-Cup Portion Pack(s) from a person other than Keurig that meets the settlement criteria and this is submitted with your claim, 100% of your claim will be deemed eligible for compensation
  • If you have no proof of purchase of a Keurig K-Cup Portion Pack(s), but proof of purchase of a Keurig Brewer and this is submitted with your claim - 50% of your claim will be deemed eligible for compensation (with a 7,300-cup/12 mo. cap).
  • If you have no proof of purchase of a Keurig K-Cup Portion Pack(s) or Keurig Brewer Submitted with Proof of Claim- 10% of your claim will be deemed eligible for compensation (with a 550- cup/12 mo. cap)


2. For Purchases Made in Non-Repealer States  (Connecticut, Delaware, Georgia, Indiana, Iowa, Kentucky, Louisiana, Massachusetts, Missouri, Montana, New Hampshire, New Jersey, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wyoming):

  • If you have proof of purchase of a Keurig K-Cup Portion Pack(s) from a person other than Keurig that meets the settlement criteria and this is submitted with your claim, 7.5% of your claim will be deemed eligible for compensation
  • If you have no proof of purchase of a Keurig K-Cup Portion Pack(s), but proof of purchase of a Keurig Brewer and this is submitted with your claim - 3.75% of your claim will be deemed eligible for compensation (with a 7,300-cup/12 mo. cap).
  • If you have no proof of purchase of a Keurig K-Cup Portion Pack(s) or Keurig Brewer Submitted with Proof of Claim- 0.75% of your claim will be deemed eligible for compensation (with a 550- cup/12 mo. cap)


3. For Purchases Made in Florida or Illinois

  • If you have proof of purchase of a Keurig K-Cup Portion Pack(s) from a person other than Keurig that meets the settlement criteria and this is submitted with your claim, 33.33% of your claim will be deemed eligible for compensation
  • If you have no proof of purchase of a Keurig K-Cup Portion Pack(s), but proof of purchase of a Keurig Brewer and this is submitted with your claim - 16.67% of your claim will be deemed eligible for compensation (with a 7,300-cup/12 mo. cap).
  • If you have no proof of purchase of a Keurig K-Cup Portion Pack(s) or Keurig Brewer Submitted with Proof of Claim- 3.33% of your claim will be deemed eligible for compensation (with a 550- cup/12 mo. cap)


Each settlement class member who submits a valid claim  will receive its pro rata share of the settlement fund, after attorneys’ fees, settlement and class administration costs, and other expenses have been deducted, based on the value of its claim against all claims submitted.                                

    

Disclaimer

Claim forms are not yet available from the Class Administrator. Class members are not required to sign up with any third-party service in order to participate in the monetary relief, but may instead file their claim directly with the Class Administrator. No-cost assistance will be available from the Class Administrator and Class Counsel during the claims-filing period. For additional information class members may visit  court approved website for this case https://www.keurigindirectpurchasersettlement.com/.

 

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